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(영문) 서울행정법원 2016.12.23 2016구합64661
정보공개거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. Pursuant to Article 83(3) of the Telecommunications Business Act, the Defendant requested KSV Co., Ltd. (hereinafter “SK Telecom”), to provide data verifying the confirmation of communications, and on October 12, 2015, the Defendant provided the Defendant with two communications data including the Plaintiff’s name, resident number, telephone number, address, subscription date, and date of termination.

B. On March 15, 2016, the Plaintiff confirmed the provision of communication confirmation data as above from the SK Telecom, and requested the Defendant to disclose the “written request for the provision of communication confirmation data” submitted by the Defendant to the SK Telecom (hereinafter “instant information”).

C. On March 30, 2016, the Defendant rendered a decision to disclose the instant information to the Plaintiff on the ground that the instant information constitutes information subject to non-disclosure under Article 9(1)4 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the information of this case is disclosed to the public, and there is no reason to recognize that the investigation method, procedure, etc. is difficult to perform duties by the investigative agency. Thus, the information of this case does not constitute information subject to non-disclosure under Article 9(1)4 of the Information Disclosure Act

(b) Article 9 (Information subject to Non-Disclosure) (1) of the Information Disclosure Act shall be subject to disclosure of information held and managed by public institutions.

Provided, That the following information may not be disclosed:

4. Information pertaining to a trial in progress, the prevention and investigation of crimes, the institution and maintenance of a public prosecution, the execution and correction of punishment, and security disposition, if disclosed;

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