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(영문) 서울행정법원 2018.06.22 2017구합81199
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. On January 19, 2017, the Plaintiff filed a claim with the Defendant for disclosure of the part of “instant dispute mediation proposal relating to personal damage compensation between the Plaintiff and the B federation” (hereinafter “instant information”) among the minutes of the 4th Mutual Aid Dispute Mediation Committee of the Korea Transportation Safety Authority (hereinafter “Mutual Aid Dispute Mediation Committee”).

B. On January 24, 2017, the Defendant rendered a decision that the instant information constitutes information under Article 9(1)3 of the Official Information Disclosure Act (where disclosed, it would hinder the protection of people’s lives, bodies, and property) and Article 9(1)5 (where disclosed, it would interfere with the performance of duties, such as audits and supervision) to the Plaintiff, and thus, constitutes information under Article 9(1)3 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

(hereinafter “instant disposition”). C.

On the other hand, on November 28, 2016, the Plaintiff filed a petition with the Central Administrative Appeals Commission for an adjudication seeking disclosure of the instant information (the Central Administrative Appeals Commission 2017-1705), but the Central Administrative Appeals Commission dismissed the said petition on June 20, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. The Defendant’s defense before the merits was delegated by the Ministry of Land, Infrastructure and Transport to support the preparation of the agenda of the Mutual Aid Dispute Mediation Committee, and since the subject to whom the instant information belongs is the Mutual Aid Dispute Mediation Committee under the Ministry of Land, Infrastructure and Transport or the Ministry of Land, Infrastructure and Transport, the Plaintiff

B. In light of the fact that the information disclosure system is a system that discloses information held and managed by public institutions, it is sufficient for a person seeking the information disclosure to prove that there is a considerable probability that administrative agencies will hold and manage the information that is sought to be disclosed.

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