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(영문) 전주지방법원 2014.01.08 2013구합601
정보공개거부처분취소
Text

1. The Defendant’s disposition rejecting the disclosure of information against the Plaintiff on January 25, 2013 is revoked.

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

Reasons

1. Details of the disposition;

A. On January 24, 2013, the Plaintiff filed a request with the Defendant for disclosure of information, excluding personal information in the form of copy and output, from January 1, 2012 to December 31, 2012, the notice of decision on all claims received by the Military Police Station (hereinafter “instant notice”).

B. On January 25, 2013, the Defendant rendered a disposition rejecting the Plaintiff’s claim for information disclosure (hereinafter “instant disposition”) on the ground that “the infringement of legal interests of a third party that may arise from information disclosure, such as respect for the privacy and freedom of individuals recognized in the Constitution, guarantee of an individual’s right to control information, etc.” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4, 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, in principle, insofar as it does not constitute information subject to non-disclosure under Article 9 of the former Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “former Information Disclosure Act”). The Plaintiff requested disclosure of personal information, which is non-disclosure information. Even if the information pertaining to the privacy of an individual is included in the instant information, the Defendant issued the instant notice pursuant to Article 14 of the former Information Disclosure Act, but the disposition of refusing the Plaintiff’s disposition of disclosing information was unlawful.

(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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