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(영문) 서울행정법원 2016.10.20 2014구합73340
정보공개거부처분취소
Text

1. On October 14, 2014, among the instant lawsuit, the information indicated in attached Table 1 that the chief of the National Security Office attached to the Plaintiff on October 14, 2014.

Reasons

1. Details of the disposition;

A. On October 6, 2014, the Plaintiff requested the Defendants to disclose each information listed in the separate sheet.

B. On October 14, 2014, the Chief of the Defendant National Security Office: (a) on October 17, 2014; and (b) on October 17, 2014, the Chief of the Defendant’s presidential secretary strictly protects information, such as the Presidential Report, etc., including matters concerning national security, national defense, unification, diplomatic relations, etc.; (c) disclosure of confidential information is likely to seriously undermine the State’s interest if disclosed; (d) disclosure of matters concerning ongoing trials or investigations; (e) filing and maintenance of public prosecutions is likely to substantially impede the fair performance of duties if disclosed due to the details of decision-making processes or internal review processes; and (e) there is a risk of infringing on the privacy or freedom of privacy if disclosed, based on Article 9(1)1, 2, 4, 5, and 6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”); and (e) Article 17(1)4 and 5 of the Presidential Records Management Act (hereinafter “Presidential Records Act”).

C. The Plaintiff filed the instant lawsuit against the Defendants seeking revocation of each of the above disclosure decisions. On the 11st day of pleading of the instant case, the part seeking revocation of the non-disclosure decision as to the information listed in [Attachment 17] No. 17 of the aforementioned disclosure decision was withdrawn.

(hereinafter) The remainder of each of the above decisions on non-disclosure of information, excluding the part relating to the information listed in the No. 17 of the attached list, is referred to as the “decision on non-disclosure of each of the information of this case”). [Grounds for recognition] The facts of no dispute, Gap evidence No. 1-2 and 1-2,

2. Whether the lawsuit of this case is lawful

A. Relevant legal principles.

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