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(영문) 서울행정법원 2018.01.25 2017구합3458
정보공개거부처분취소
Text

1. Of the instant lawsuit, the part concerning the claim for revocation of a disposition rejecting the disclosure of information on the information listed in attached Table 1.

Reasons

1. Information disclosure claims filed by the Plaintiff during the course of the disposition (Seoul Administrative Court Decision 2016Guhap6108, Seoul High Court Decision 2016Nu82, Seoul High Court Decision 2016Nu81682, Jun. 2, 2016) and the details of the previous reply (see Supreme Court Decision 2016Nu100, Jun. 2, 2016) are not available to provide information.

On January 31, 2017, the Plaintiff filed a claim with the Defendant for disclosure of the information listed in the attached list, and on February 3, 2017, the Defendant sent the following response to the Plaintiff and notified the Plaintiff that the disclosure of information is impossible:

(hereinafter “instant disposition”). (b)

The Plaintiff appealed and filed an objection on February 27, 2017, but the Defendant responded to the Plaintiff on March 3, 2017 as follows.

The plaintiff's request for the disclosure of information has already been made with the contents similar to the previous civil petition and the same general contents, and thus, it is reasonable to refer to the contents of the previous reply.

- The fact that there is no dispute over the provision of information due to the same reasons as the result of the lawsuit of Aar [the Seoul Administrative Court 2016Guhap6108, the Seoul High Court 2016Nu82, the Seoul High Court 2016Nu81682, the appeal] and the existing re-examination (the date of June 2, 2016, February 3, 2017) [the grounds for recognition], the entry of evidence A 1 to 4, and the purport of the whole pleadings

2. According to the Act on the Disclosure of Information by Public Agencies ex officio as to whether a claim for revocation of a disposition rejecting the disclosure of information as to the information listed in paragraph (1) of the attached list is lawful (hereinafter “Information Disclosure Act”), “information” means matters recorded in documents, drawings, photographs, films, tapes, slides, and other media corresponding thereto, etc. prepared or acquired and managed by a public institution in the course of performing its duties (Article 2 Subparag. 1). A public institution should actively disclose information held and managed in order to guarantee citizens’ right to know (Article 3). A public institution fails to retain and manage information seeking disclosure.

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