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(영문) 대법원 2015.04.23 2014두47655
정보공개거부처분취소
Text

All appeals are dismissed.

The costs of appeal are assessed against each party.

Reasons

The grounds of appeal are examined.

1. As to the Plaintiff’s grounds of appeal and the Defendant’s assertion as to whether the information subject to non-disclosure falls under the information subject to non-disclosure among the grounds of appeal, the lower court acknowledged the facts as indicated in its reasoning by comprehensively taking account of the adopted evidence, and, following the entirety of the minutes of meetings 1, 2, 4, and 7 and the conference materials of meetings 6, 7 under the Attorney Examination and Management Committee established under the Ministry of Justice, and the remainder of the meetings 2, 4, and 7 (referred to as “the opinion of each agency” and “the contents of public hearings 6.) and 8 each information in the table of the lower judgment as stated in the [Attachment] No. 2, 4, and

(1) The Information Disclosure Act (hereinafter referred to as “former Information Disclosure Act”)

Article 9 (1) 5 constitutes information subject to non-disclosure, and determined that the entire conference data and the remaining conference data of the third and fifth meetings of the above committee do not constitute information subject to non-disclosure.

The judgment below

In light of the relevant legal principles and records, the judgment of the court below is just and acceptable, and there is no error in the misapprehension of legal principles as to Article 9 (1) 5 of the former Information Disclosure Act, or incomplete deliberation, as alleged in each ground of appeal.

2. As to the Defendant’s assertion on the addition of the grounds for disposition among the grounds for appeal, the lower court acknowledged the facts as indicated in its reasoning after comprehensively taking account of the adopted evidence, and determined that the Defendant’s addition of the grounds for disposition to the effect that the information subject to disclosure request constitutes information subject to non-disclosure under Article 9(1)5 of the former Information Disclosure Act, as long as the Defendant stated the grounds for disposition in the first case as the grounds for disposition in the instant case constituted information subject to non-disclosure under Article 18(2) of the Attorney Examination

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court.

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