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(영문) 서울고등법원 2016. 5. 20. 선고 2015누72117 판결
[정보공개거부처분취소][미간행]
Plaintiff and appellant

Plaintiff

Defendant, Appellant

South Ocean Market

Conclusion of Pleadings

March 18, 2016

The first instance judgment

Suwon District Court Decision 2015Guhap7000 Decided November 10, 2015

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the court of first instance is revoked. The judgment revoking the part concerning the remaining information except each information listed in the separate list No. 1 of the judgment of the court of first instance among the disposition rejecting information disclosure made by the defendant against the plaintiff on July 10, 2013.

Reasons

1. Quotation of the first instance judgment

The court's reasoning concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition of this court's judgment in Paragraph (2). Thus, the court's reasoning is cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article

2. Additional determination by this Court

The plaintiff asserts that "public agencies should disclose the information according to the method of disclosure chosen by the applicant for the disclosure of information, so the defendant has no discretion to choose the method of disclosure of the information requested by the plaintiff. Therefore, the plaintiff did not disclose the information through the information and communication network in the form of electromagnetic waves at the request of the plaintiff, and the plaintiff's visit the defendant's automobile management department and office to peruse and receive the information of this case constitutes a rejection disposition against the plaintiff's request

The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court, and the first instance court's decision rejecting the plaintiff's assertion is justified even if all the evidence submitted in the first instance court were examined.

3. Conclusion

Therefore, the judgment of the court of first instance, which dismissed the plaintiff's claim, is just, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal shall be borne by the losing plaintiff.

For the purpose of judge Lee e-mail (Presiding Judge)

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