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(영문) 수원지방법원 2015.04.29 2014구합57219
정보공개거부처분취소
Text

1. On May 29, 2014, the Defendant’s refusal to disclose to the Plaintiff the information listed in the separate sheet against the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 22, 2014, the Plaintiff requested the Defendant to disclose the information listed in the attached list (hereinafter “instant information”).

B. On May 29, 2014, the Defendant refused disclosure of the instant information pursuant to Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) on the ground that the disclosure of the information would infringe on an individual’s privacy or freedom of privacy because it includes personal information, such as name and property matters.

(hereinafter “Disposition of this case”). 【Ground for Recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion does not constitute information that could infringe on an individual’s privacy or freedom under Article 9(1)6 of the Information Disclosure Act.

It is not so.

Even if the information prepared or acquired by the public institutions prescribed in the proviso (c) of the same subparagraph is deemed necessary for the public interest or for the relief of rights of individuals, the information in this case shall be disclosed. The information in this case partially falls under the non-disclosure information, such as personal information.

Even if it is possible to separate that part and disclose only the other part.

Nevertheless, the Defendant’s disposition refusing to disclose the instant information is unlawful.

(b) Entry in the attached Form of relevant statutes;

C. According to Articles 3 and 5(1) of the Information Disclosure Act, information held and managed by public institutions should be disclosed as prescribed by this Act, and all citizens shall have the right to request the disclosure of information.

On the other hand, Article 9 (1) of the Information Disclosure Act is included in the relevant information in subparagraph 6 as information that can not be disclosed by public institutions.

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