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(영문) 서울행정법원 2014.07.01 2013구합30827
정보공개거부처분취소
Text

1. On November 27, 2013, the Defendant’s respective information listed in the separate sheet of information on disclosure requests filed against the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 11, 2013, the Plaintiff filed a claim with the Defendant for the disclosure of information on each of the information listed in the [Attachment 1] List of Information Request for Disclosure pertaining to the case No. 2012-Type 48654 with the Seoul Dong District Prosecutors’ Office (hereinafter “instant information”).

B. On November 27, 2013, the Defendant issued a disposition rejecting disclosure of the information No. 1 listed in the list of information requests for disclosure, on the ground that the information constitutes information subject to non-disclosure under Article 9(1)3 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) and Article 9(1)6 of the same Act, on the same list No. 2 or No. 6.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence No. 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion does not constitute non-disclosure information under Article 9(1)3 and 6 of the Information Disclosure Act, the instant disposition based on a different premise is unlawful.

(b) Attached Form 2 of the relevant statutes;

C. (1) Determination (1) Of the instant information, Article 9(1)3 of the Information Disclosure Act provides that "information, the disclosure of which is likely to seriously undermine the protection of people's lives, bodies, and property, shall be subject to non-disclosure," and the burden of proof of "constition that may seriously interfere with the realization thereof," shall be borne by the defendant, a public institution, who is a public institution.

(See Supreme Court Decision 2001Du3358 delivered on May 28, 2004). In full view of the result of the court’s perusal and examination of the instant information in non-disclosure and the purport of the entire pleadings, the Plaintiff committed an act of causing harm to the life, body and property of B or his husband, a private suspect, or C.

(b) such risk.

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