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(영문) 대전고등법원 2017.12.14 2017누12979
정보공개
Text

1. The plaintiff's appeal is dismissed.

2. One-half of the total litigation costs shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance, except where the court of the first instance has accepted the judgment as stated in the following paragraph (2). Thus, it shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Parts 2, 6, 6 to 11, as follows:

B. On October 27, 2016, the Plaintiff requested the Defendant to disclose each information listed in the separate sheet.

On November 9, 2016, the Defendant decided to disclose the information listed in the attached list Nos. 1, 4, and 5 to the Plaintiff. On the information listed in the attached list Nos. 2 and 3, the Defendant decided to disclose the information on the ground that it is non-existence information that the Defendant did not prepare or acquire and manage it.

(1) Of the information listed in the [Attachment 2] List 2, Chapters 20 to 3, 1, 201 of the “Disposition Rejecting the Disclosure of Information” (hereinafter “instant Disposition”), the information pertaining to the “Fair Process for each Work Place at the entire inannan Prison,” among the information listed in the [Attachment 2] List 2, is as follows (hereinafter “Fair Process Information”).

) The information in the Schedule 2 does not retain and manage any material or document to specify it, and the remaining information excluding the instant process information among the information in the Schedule 2, and the information in the Schedule 3 (hereinafter the above information referred to as “the remaining information in the instant case”).

) Since the basic data owned by the Defendant is not retained and managed as information that can create new processing, there is no legal interest to seek revocation of the disposition rejecting the disclosure of information of this case. From Nos. 3, 12 to 5, 1, as follows.

B. If an administrative disposition is revoked with respect to the remaining part of the information related to the instant case, whether the part seeking revocation of the disposition rejecting the disclosure of information of this case is lawful or not, such disposition is null and void, and it does not exist.

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