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(영문) 서울행정법원 2019.11.14 2019구합62598
정보공개거부처분취소
Text

1. The Defendant, on April 11, 2019, is a university of origin from students enrolled at B University Law Schools in 2019 for the Plaintiff.

Reasons

1. Details of the disposition;

A. Article 2 subparag. 3(d) of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) and Article 2 subparag. 1 of the Enforcement Decree of the same Act are public institutions.

B. On April 4, 2019, the Plaintiff filed a claim with the Defendant, the representative of B University, for the disclosure of information on the current status and age of the students enrolled at B University Law School (hereinafter “instant law school”). However, the Defendant rendered a decision to refuse the disclosure of information on April 11, 2019 on the ground that “the instant information constitutes information subject to non-disclosure under Article 9(1)5 and 7 of the Information Disclosure Act.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2, and purport of the whole pleadings

2. Whether the disposition is lawful;

A. Since the instant information claimed by the Plaintiff does not constitute information subject to non-disclosure under Article 9(1)5 and 7 of the Information Disclosure Act, the instant disposition that did not disclose the instant information should be revoked in an unlawful manner.

(b) as shown in the attached Form of the relevant statutes;

C. 1) Whether the instant information constitutes information subject to non-disclosure under Article 9(1)5 of the Information Disclosure Act should be determined individually by comprehensively taking into account the legislative intent that allows the disclosure of the law and test information, the nature and content of the relevant test and evaluation act, the increase in work due to the disclosure of the contents and the disclosure, the ripple effect on the disclosure, etc. (see, e.g., Supreme Court Decision 2000Du6114, Mar. 14, 2003). Moreover, “business secrets of a corporation, etc.” under Article 9(1)7 of the Information Disclosure Act is advantageous to the extent that it is not known to others.

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