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(영문) 서울고등법원 2015.07.08 2015누32508
정보공개거부처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

The reasoning of this court's judgment citing the judgment of the court of first instance is that of the judgment of the court of first instance

A. The part of the Plaintiff’s assertion “(2)” (2 pages 13 to 17) as follows, and 2-2

C. Determination is based on the reasoning of the first instance judgment, except for the determination of the part (not more than 3 pages 2) as follows; thus, it is consistent with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

A. The Plaintiff asserted that the instant information does not constitute information subject to non-disclosure, and thus, the instant disposition is unlawful. The Defendant asserts that the instant information is unlawful. The Defendant’s information of this case under the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

) Article 9(1)6 of the Act constitutes information subject to non-disclosure as prescribed by Article 9(1)6, and the part to be disclosed even if part is disclosed in accordance with the purport of the judgment of the court of first instance, the judgment of the court of first instance cannot clearly determine the scope of non-disclosure solely with the judgment of the court of first instance. The legal doctrine related to the judgment of the court, in particular, the right to access information held and managed by public institutions, is recognized as related to the freedom of expression, which is the fundamental right of the

The Information Disclosure Act enacted for the purpose of guaranteeing citizens' right to know and securing citizens' participation in state affairs and transparency in the management of state affairs provides for the principle of information disclosure that information held and managed by public institutions should be disclosed in accordance with the provisions of this Act. Article 5 (1) provides for the duty of public institutions to implement this Act and to amend relevant Acts and subordinate statutes so that the people's right to request information disclosure can be respected in accordance with Article 6.

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