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(영문) 서울행정법원 2017.12.07 2017구합70076
행정심판 각하재결 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

A. On February 9, 2017, the Plaintiff requested on January 1, 2005, the president of the B University to disclose “the details of legal advice (including attorneys D, E, F, etc.) paid by the school foundation C and B (the president of the University) for each subject of legal advice (all costs related to legal consultation, including a certified judicial scrivener and attorney-at-law) and by each date (including attorneys-at-law D, E, and F)” (hereinafter “instant information”).

Accordingly, on February 23, 2017, the president of the Buniversity notified the Plaintiff of the non-disclosure decision on the ground that the “information related to the ongoing trial” was “information.”

(hereinafter “instant disposition”). (b)

On February 24, 2017, the Plaintiff filed an administrative appeal with the Defendant seeking revocation of the instant disposition issued by the president of B University under 2007-1003.

(hereinafter “instant administrative appeal”). On July 11, 2017, the Defendant rendered a ruling dismissing the Plaintiff’s appeal on the ground that “There is no legal interest in seeking revocation of the instant disposition, as there is no evidence to prove that the president of a B University retains and manages the instant information, and thus, there is no legal interest in seeking revocation of the instant disposition.”

hereinafter referred to as "the ruling of this case"

(i) [The facts without dispute over the basis of recognition, entry of Gap evidence 1, 11, and 12, and the purport of the whole pleadings.]

2. Whether the ruling of this case is lawful

A. The Plaintiff’s assertion 1) The submission of a written reply to the Defendant to the Defendant on May 12, 2017, which was 77 days after the date on which the Plaintiff’s petition for adjudication was received by the president of B University, to the Defendant on May 12, 2017, is unlawful, even though the submission period of the written reply (10 days) under Article 24(1) of the Administrative Appeals Act and the decision period (60 days) under Article 45 of the same Act are all set forth in the same Act, the Defendant adopted such unlawful written reply and accepted the claim for the existence of information by the president of B University, which was first filed in the above written reply, and thus, the instant decision was rendered based

B. The defendant shall be the president of B University.

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