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(영문) 광주지방법원 2019.07.10 2019구단10033
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. From July 1, 2008, the Plaintiff is a inorganic contract worker with resources circulation in the safe administration bureau in the net city from the end of the year 2008, who works as a street cleaners.

B. Around December 14, 2018, the Plaintiff requested the Defendant to disclose information in the attached list to the public.

C. Accordingly, around December 27, 2018, the Defendant, among the information on personnel management in the separate sheet, opened to the public all the data submitted by the Plaintiff to the personnel committee for public service, and did not disclose the remaining data (such as meeting documents, minutes, written resolution, etc.; hereinafter “instant information”) out of the information listed in the separate sheet on the ground that it constitutes Article 9(1)5 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) (where information on personnel management is disclosed, there is considerable reason to believe that the disclosure may seriously interfere with the fair performance of duties).

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 6, 9, Eul evidence Nos. 1 and 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In order to ensure the fairness and transparency of the Plaintiff’s assertion, all relevant materials of the personnel committee on public service should be disclosed. The instant information does not constitute “information that has considerable grounds to believe that the disclosure would substantially interfere with the fair performance of duties,” and thus, the Defendant’s disposition of this case should be revoked in an unlawful manner.

(b) The purpose of this Act is to guarantee citizens' right to know and secure citizens' participation in state affairs and transparency in the management of state affairs by prescribing necessary matters concerning requests for disclosure of information held and managed by public institutions and the duty of disclosure of public institutions.

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