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(영문) 수원고등법원 2020.08.19 2020누11028
정보비공개결정처분취소
Text

1. The judgment of the court of first instance is modified as follows.

The defendant's refusal to disclose information to the plaintiff on May 30, 2019.

Reasons

1. The grounds for this part of the reasoning by the court are as stated in the corresponding part of the grounds of the judgment of the court of first instance (paragraphs 1 and 2). Thus, this part of the grounds are cited pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

(A) Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be cited on the ground that the court's assertion in this part is identical to the corresponding part of the reasoning of the judgment of the court of first instance.

3. Determination on the legitimacy of the disposition

A. In an appeal litigation seeking the revocation of an administrative disposition on the grounds of non-disclosure as to whether a claim can be asserted under Article 9(1)4 of the Information Disclosure Act, the agency may add or modify other grounds only to the extent that the grounds of the initial disposition and basic factual relations are deemed identical.

Article 9(1)4 of the Information Disclosure Act provides that "information pertaining to a trial in progress, the prevention and investigation of a crime, the institution and maintenance of a public prosecution, the execution and correction of a sentence, and security disposition, which, if disclosed, has considerable grounds for remarkably obstructing the performance of duties or infringing on the right of a criminal defendant to fair trial." Article 9(1)6 of the same Act provides that "information pertaining to an individual, such as name, resident registration number, etc. included in the relevant information, which, if disclosed, is likely to infringe on the privacy or freedom of private life." In addition, Article 9(1)4 of the same Act provides that "information pertaining to an individual, such as name, resident registration number, etc., which, if disclosed, is likely to infringe on the privacy or freedom of private life." In addition, Article 9(1)6 of the same Act intends to protect general prevention and special prevention of a crime, smooth investigation and smooth correction administration

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