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(영문) 대법원 2019.06.27 2018두49130
인적사항공개처분취소 청구
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. First, we examine the eligibility requirements.

(1) The term “disposition”, which is the subject of an appeal litigation, means the exercise or refusal of public power as an enforcement of law with respect to specific facts by an administrative agency, and other corresponding administrative actions (Article 2(1)1 of the Administrative Litigation Act).

Whether an act of an administrative agency can be a subject of an appeal shall not be determined abstractly and generally, and in specific cases, it shall be determined individually in consideration of the contents and purport of the relevant Acts and subordinate statutes, the subject, content, form and procedure of the act, the substantial relation between the act and disadvantage suffered by interested parties, such as the other party, and the principle of administration by the rule of law, the attitude of the administrative agency

(See Supreme Court en banc Decision 2008Du167 Decided November 18, 2010). In addition, whether a disposition procedure under the Administrative Procedures Act is complied with is not an element to be considered in the stage of determining whether the disposition is legitimate, or an element to be considered in the stage of examining the requirements for a lawsuit.

(2) According to Article 81-2 of the Military Service Act, the Commissioner of the Military Manpower Administration may disclose personal information and non-performance of the duty of military service on the Internet homepage, etc. for a person who fails to enlist in active duty service, call-up to social work personnel service, or call-up for military education without justifiable grounds (Paragraph (1) 3), and the director of the competent regional military manpower office shall establish a committee for the avoidance of the duty of military service (hereinafter referred to as the “committee”) to deliberate on whether to disclose his/her personal information (Paragraph (2)), and the director of the competent regional military manpower office shall notify and give an opportunity to explain a person subject to provisional disclosure after deliberation by the Committee that he/she is subject to disclosure, and after six months from the date of notification, the Committee shall review whether to disclose his/her personal information in consideration of the status of performance of the duty of military service.

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