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(영문) 서울고등법원 2015.11.10 2015누45917
정보공개거부처분취소
Text

1. The part of the first instance judgment against the Plaintiff, which cited below, shall be revoked.

Defendant.

Reasons

1. The reason why this part of the disposition is used by the court is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The part concerning the claim for revocation regarding the decision of dismissal of this case and whether the part concerning the performance of information disclosure is lawful or not are the same as the reasoning of the judgment of the court of first instance as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

3. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The defendant alleged that the information of this case, which is subject to non-disclosure under Article 9 (1) 6 of the Information Disclosure Act, is included in the personal information of individuals who filed various civil petitions, such as petition, carbon, and quality, and in this case, the disclosure of the contents of the civil petition or the result of the processing of the civil petition alone requires non-disclosure if it is possible to identify the civil petitioner." However, the plaintiff clearly stated that the personal information, such as the name and resident registration number, of the civil petitioner, is not subject to disclosure request, and it is difficult to view that the contents of the civil petition, excluding personal information, are likely to infringe on the privacy or freedom of private life. Even if the information of this case is likely to infringe on the privacy or freedom of private life, the information of this case constitutes information subject to disclosure under Article 9 (1) 6 (c) of the Information Disclosure Act. Therefore, the disposition of this case is unlawful.

Accordingly, the defendant's ordinance of Seongbuk-si is Sungnam-si.

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