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(영문) 대구고등법원 2017.09.08 2017누5578
정보공개거부처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation as to this case is as follows, except for the addition of the judgment of the court of first instance to the defendant’s assertion, and thus, it is identical to the part of the judgment of the court of first instance. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The Defendant asserts that in a trial, the additional decision of the trial on the Defendant’s assertion is that the information other than the information specified in the attached Table 2’s list of nonpublic information (hereinafter “information subject to disclosure of this case”) among the information listed in the attached Table 1’s list of applications for disclosure of information is likely to infringe upon privacy if the suspect or reference witness is informed to the outside as being investigated by an investigative agency in connection with a criminal case, and is anticipated not to have his/her statement disclosed. Thus, the information constitutes “information that is likely to infringe on the secrecy or freedom of privacy if disclosed,” and therefore, the Plaintiff’s “information subject to disclosure of this case constitutes the information subject to disclosure of information under the proviso of Article 9(1)6(c) of the Information Disclosure Act.”

However, among the information contained in investigation records, the defendant must prove that it constitutes "information that is deemed likely to infringe on the privacy or freedom of individuals if disclosed" under the main sentence of Article 9 (1) 6 of the Information Disclosure Act. As to the fact that the information subject to disclosure of this case (other than the information on personal information) corresponds to that of the information subject to disclosure of this case, the statement of Gap's Nos. 1 and 24 and the statement of the suspect or witness who is investigated by the investigative agency in relation to the criminal case should not be disclosed.

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