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(영문) 대구고등법원 2017.06.02 2016누6536
정보공개거부처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the addition of the judgment of the first instance as follows. Thus, it shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The Defendant asserts that in a trial, the additional part of the deliberation of the political party constitutes “information pertaining to an individual, which might infringe on the privacy or freedom of privacy if disclosed,” and therefore, that the Plaintiff’s “information subject to disclosure” should prove that the Plaintiff constitutes “information subject to disclosure” under the proviso of Article 9(1)6 (c) of the Information Disclosure Act, where a suspect or a witness is informed of his/her personal information as an “information investigated by an investigative agency in connection with a criminal case,” and is likely to interfere with a personal and mental life or be unable to freely engage in a private life.”

However, among the information included in investigation records, the defendant must prove that it constitutes "information that is deemed likely to infringe on the privacy or freedom of individuals if disclosed" as provided by the main text of Article 9 (1) 6 of the Information Disclosure Act. As to the fact that the information of this case (other than the information on personal information is excluded from all of the information on personal information) constitutes such information, each description of Nos. 1 through 5 (including a serial number) and the suspect or reference witness are related to criminal cases.

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