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(영문) 서울고등법원 2020.11.11 2020누42950
정보공개거부처분취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. The purport of the claim is.

Reasons

1. The reasons why the court used in this case, such as the acceptance of the judgment of the court of first instance, are as follows, except for the addition or dismissal of the relevant part as follows, and therefore, it is identical to the reasoning of the judgment of the court of first instance (including the relevant statutes), Article 8(2) of the Administrative Litigation Act, and the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

A. Following the 6th sentence of the first instance judgment, the following is added.

“On the other hand, the Defendant asserts to the effect that “On the other hand, the information constitutes information subject to non-disclosure under Article 9(1)4 of the Information Disclosure Act, since it falls under the information deemed to significantly impede performance of duties or infringe on the right to fair trial in connection with the criminal cases under investigation,” which came to this court.

B. Following the seventh anniversary of the first instance judgment, the following is added.

Article 9(1)4 of the Information Disclosure Act provides that “Information pertaining to an investigation, which, if disclosed, has considerable grounds to believe that it would significantly impede the performance of his/her duties.” The purport of this Act is to prevent disclosure of methods, procedures, etc. for investigation from causing significant difficulties to an investigation agency in performing its duties.” As such, written opinions, reporting documents, joints, legal review, internal investigation records, etc. in investigation records (hereinafter “written opinions, etc.”) is to prevent disclosure of methods, procedures, etc.

However, the information subject to disclosure request is not immediately deemed information subject to non-disclosure under Article 9(1)4 of the Information Disclosure Act because it constitutes a written opinion, etc., and there is considerable reason to recognize that the disclosure of investigation methods, procedures, etc. is considerably difficult to perform duties by examining the substantial contents of written opinions, etc., but such information constitutes information subject to non-disclosure.

Here, this refers to the following.

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