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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to Article 18(1) of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) of the purport of the Plaintiff’s assertion, where a claimant is dissatisfied with a public institution’s decision on non-disclosure or partial disclosure of information pertaining to the disclosure of information, the applicant may file an objection.
However, if a public institution notifies that it has made a decision to disclose information in a formal manner while making a decision to disclose or partially disclose information, the claimant cannot file an objection against the information disclosure system (www.open.go. S.) operated by the defendant.
Accordingly, on July 21, 2015, and July 29, 2015, the Plaintiff filed an application with the Defendant to improve the information disclosure system so that the Defendant may file an objection against the decision to disclose all information by public institutions. However, the Defendant did not respond to the request. Such omission is unlawful as it unfairly infringes the Plaintiff’s right to file an objection.
2. The defendant's defense as to the main safety of the defendant's defense is unlawful because the plaintiff's lawsuit of this case lacks standing to sue or standing to sue.
In this regard, an administrative agency's omission, which is the object of a lawsuit seeking confirmation of illegality of an omission, refers to an administrative agency's failure to take a certain disposition within a reasonable period of time despite the existence of a legal obligation to do so against a party's request, and this lawsuit is brought by a person who filed a request for a disposition. Accordingly, the response by the administrative agency's response to the plaintiff's request must be about the disposition as provided in
(2) The Majority Opinion states that an administrative disposition is an act of an administrative agency under public law, which directly changes the specific rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations with respect to a specific matter, or giving rise to other legal effects.