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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On May 2, 2019, the Plaintiff requested on May 2, 2019 to disclose to the Defendant the recording of the reporter of the instant case reported in the permanent fire-fighting certificate from January 18, 2017 to 15:30 of permanent residence (hereinafter referred to as the “instant case”) that “A request disclosure of the recording of the reporter of the instant case reported in the permanent fire-fighting certificate from January 18, 2017 to
In this regard, the defendant filed a report to the Gyeongbuk Provincial Police Agency 112 general situation room, and received a permanent fire extinguishing room at the request of joint response, so there is no record of recording, and processed the above request for information disclosure.
B. On May 17, 2019, the Plaintiff issued a request for information disclosure (receiving number B) to the Defendant stating that “from January 18, 2017, to January 14:09:01 (Receipt of Report) to January 18, 2017, all records, such as telephone conversations and telephone conversations, are to be disclosed to the public.”
On May 21, 2019, the defendant disclosed to the plaintiff three copies of the recording and one copy of the recording.
C. On June 3, 2019, the Plaintiff again filed a claim for disclosure of information with the content that “the disclosure of a recording file other than the recording shall be demanded.” Accordingly, on June 5, 2019, the Defendant disclosed three of the recording files of the call and 45 of the recording files to the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 to 7 (including each number in the case of additional number) and the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The Defendant’s instant lawsuit is unlawful as it constitutes a lawsuit seeking performance of obligations not permitted under the current Administrative Litigation Act. The purport of the instant lawsuit is to seek revocation of a disposition rejecting the disclosure of information, and it is unlawful as there is no standing or legal interest in the lawsuit.
B. According to the Administrative Litigation Act, a lawsuit seeking an execution judgment ordering an administrative agency to take a certain administrative disposition or a court is the same as an administrative agency takes a certain administrative disposition.