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(영문) 전주지방법원 2014.01.08 2013구합434
정보공개거부처분취소
Text

1. The Defendant’s disposition rejecting the disclosure of information against the Plaintiff on January 25, 2013 is revoked.

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

Reasons

1. Details of the disposition;

A. On January 24, 2013, the Plaintiff filed a claim with the Defendant for disclosure of information, excluding personal information in the form of a copy and output, from January 1, 2012 to December 31, 2012 (hereinafter “instant notice”).

B. On January 25, 2013, the Defendant rendered a disposition rejecting the Plaintiff’s request for information disclosure (hereinafter “instant disposition”) on the ground of Article 9(1)6 of the former Official Information Disclosure Act (Article 9(6) of the former Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “former Information Disclosure Act”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Information held and managed by the Plaintiff’s alleged public institution is subject to disclosure unless it falls under information subject to non-disclosure under Article 9 of the former Information Disclosure Act. The Plaintiff requested disclosure of personal information, which is non-disclosure subject to non-disclosure. Even if information pertaining to the privacy of an individual is included in the instant information, the Defendant, pursuant to Article 14 of the former Information Disclosure Act, should disclose the remainder of the notice excluding the information pertaining to the privacy of an individual, but the disposition of refusing the Plaintiff’s disclosure of information

(b) The details of the relevant statutes are as shown in the attached statutes.

C. The former Information Disclosure Act provides that information held and managed by public entities should be disclosed in accordance with the law, unless it is non-disclosure information under each subparagraph of Article 9(1) of the Act, and Article 9(1)6 of the same Act provides that information shall not be disclosed by public institutions.

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