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(영문) 대전지방법원 2016.05.18 2015구합419
정보공개처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On November 14, 2013, the Plaintiff was sentenced to three years of imprisonment in the Daejeon District Court 2013Gohap215 (Indecent Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). The said judgment became final and conclusive on August 28, 2014.

On November 13, 2014, the Plaintiff was transferred from the Chungcheong Detention House to the Daejeon Correctional Institution.

B. On December 19, 2014, the Plaintiff filed a claim with the Defendant for disclosure of each information listed in the separate sheet. Accordingly, on December 30, 2014, the Defendant did not retain and manage the information listed in paragraph (3) of the separate sheet to the Plaintiff, and on December 30, 2014, the Defendant did not make the remainder of the information listed in paragraphs (1) of the separate sheet, except for the work report listed in paragraph (1) of the separate sheet, and disclosure of each information listed in paragraphs (2) and (4) of the separate sheet would seriously impede the fair performance of duties if disclosed, and on the ground that there is a risk of infringing an individual’s privacy or freedom, only B’s work report listed in Article 9(1)4 and 6 of the Act on the Disclosure of Information by Public Institutions was disclosed. On the information listed in paragraph (3) of the separate sheet, the Defendant made a decision not to disclose the information.

The decision of disclosure of information in this case is the disposition of this case.

(i) [Facts without dispute over the grounds for recognition, entry of evidence No. 1, and purport of the whole pleadings;

2. Whether the lawsuit of this case is lawful

A. In light of the fact that the information disclosure system, which seeks to revoke the decision on the existence of information on the information listed in paragraph (3) of the attached list, is a system that discloses information held and managed by a public institution in its status, it is sufficient to prove that there is a considerable probability that the person seeking information will possess and manage the information by an administrative agency.

However, public institutions do not keep and manage the information.

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