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(영문) 서울행정법원 2016.09.23 2015구합7999
정보공개거부처분취소
Text

1. The decision that the Defendant rendered to the Plaintiff on April 21, 2015 revoked.

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

Reasons

1. On April 18, 2015, the Plaintiff’s response to the national newspaper that the Plaintiff maintained a provision as in the current situation rather than the deletion or amendment of the foregoing provision by gathering opinions from the Defendant 1 on the guidelines for handling complaints (hereinafter “instant guidelines”) and from five high prosecutors, such as the relevant departments and Seoul High Prosecutors, and gathering opinions from the Defendant on May 18, 2015 (including the public official’s personal information that the Plaintiff sought for such disclosure), and the entire documents and replyed by five high prosecutors, such as the response, the criminal examination, the relevant departments and Seoul High Prosecutors’ Office, and the Seoul High Prosecutors’ Office, etc. (including the public official’s personal information);

hereinafter referred to as "the information of this case"

A) On April 21, 2015, the Defendant requested disclosure of the instant information to the Plaintiff on the ground that the disclosure of the instant information could substantially make it difficult for the Plaintiff to perform his/her duties when disclosed as a matter of investigation (hereinafter “instant disposition”). The Defendant notified the Plaintiff thereof (hereinafter “instant disposition”).

A) The Defendant added the grounds for disposition that the instant information is in the process of decision-making process or internal review and that, if disclosed, would significantly interfere with the fair performance of duties, etc., to the information pertaining to an individual, such as name, resident registration number, etc., and that, if disclosed, would interfere with the privacy or freedom of private life. [Grounds for recognition] The Defendant did not have dispute, and written “A” Nos. 1 through 6 (including a serial number; hereinafter the same shall apply).

- The purport of the whole pleadings

2. According to Article 9(1) of the Official Information Disclosure Act as to the lawfulness of the instant disposition (hereinafter “Information Disclosure Act”), information that may not be disclosed is an investigation-related matter and, if disclosed, there is a reasonable ground to believe that the disclosure of information is considerably difficult to perform its duties ( Subparagraph 4), decision-making process, or internal review process.

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