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(영문) 전주지방법원 2014.01.08 2013구합1116
정보공개거부처분취소
Text

1. The Defendant’s disposition rejecting the disclosure of information against the Plaintiff on April 11, 2013 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On April 4, 2013, the Plaintiff filed a request with the Defendant for disclosure of information, excluding personal information in the form of a copy or output, among all claims for disclosure of information received from the former North Korean Police Agency from January 1, 2012 to December 31, 2012.

B. On April 11, 2013, the Defendant rendered a disposition rejecting the Plaintiff’s claim for disclosure of information (hereinafter “instant disposition”) on the ground of Article 9(1) of the former Official Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “former Information Disclosure Act”) on the grounds that the instant notice includes personal information and private information (hereinafter “instant disposition”).

(However, the defendant disclosed the status of disclosure and partial disclosure decision to the plaintiff). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence No. 1, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Information held and managed by the Plaintiff’s alleged public institution is subject to disclosure unless it falls under information subject to non-disclosure under Article 9 of the former Information Disclosure Act. The Plaintiff requested disclosure of personal information, which is non-disclosure subject to non-disclosure. Even if information pertaining to the privacy of an individual is included in the instant information, the Defendant, pursuant to Article 14 of the former Information Disclosure Act, should disclose the remainder of the notice excluding the information pertaining to the privacy of an individual, but the disposition of refusing the Plaintiff’s disclosure of information

(b) The details of the relevant statutes are as shown in the attached statutes.

C. The former Information Disclosure Act provides that any information held and managed by public institutions shall be disclosed in accordance with the law, unless it is non-disclosure information under each subparagraph of Article 9(1) of the Act.

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