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(영문) 창원지방법원 2019.07.11 2018구합799
정보공개거부처분취소 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. The Plaintiff, who was sentenced to imprisonment for life for committing robbery and was finally and conclusive on October 26, 1990 and is currently serving a sentence in the Jinju prison, is currently serving in prison.

B. On August 20, 2018, the Plaintiff requested the Defendant to disclose the instant information and the information disclosure request form.

C. On August 31, 2018, the Defendant disclosed only a written request for disclosure of information to the Plaintiff, and disclosed the instant information to the public for the following reasons.

(hereinafter referred to as “instant disposition”): The opinion of the person who intends to make a decision on non-disclosure and the grounds for the final decision: The opinion of the person who intends to observe the same situation and the part of the final decision are stated in the execution and correction of the sentence and the report and subjective judgment of the correctional officer on the prisoner, and such disclosure is likely to substantially impede the performance of his/her duties, and thus there is no dispute over the non-disclosure decision pursuant to Article 9(1)4 of the Act on the Information of Public Institutions. The purport of the entire pleadings

2. Whether the disposition of this case is legitimate;

A. Plaintiff 1) The instant information does not constitute information subject to non-disclosure under Article 9(1)4 of the Act on the Information of Public Institutions (hereinafter “Information Disclosure Act”). (2) The Defendant’s Republic of Korea violated the Plaintiff’s right to know and access to information by rendering the instant disposition, in violation of Article 37(2) of the Constitution and Article 9(1)4 of the Information Disclosure Act, with respect to the instant information that the head of the Defendant Jinju Prison, which ought to be disclosed to the Plaintiff. As such, Defendant Republic of Korea shall compensate the Plaintiff for damages in accordance with Article 2(

(b)as shown in Appendix 2 of the relevant statute.

C. "Information pertaining to the execution and correction of a sentence" under Article 9(1)4 of the Information Disclosure Act, which is subject to non-disclosure, means information that would significantly impede the performance of the duties if disclosed, is managed by prisoners and, if disclosed, the information in question.

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