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(영문) 부산지방법원 2016.10.21 2016구합2190
정보공개거부처분취소
Text

1. On April 20, 2016, the Defendant’s refusal to disclose information to the Plaintiff on each of the information listed in the separate sheet No. 1 attached hereto.

Reasons

1. Details of the disposition;

A. On March 28, 2016, the Plaintiff, who was confined in the Busan Correctional Institution, requested the Defendant to disclose the information of this case.

B. On April 20, 2016, the Defendant rendered a decision rejecting disclosure pursuant to Article 9(1)4 and 6 of the Official Information Disclosure Act (hereinafter “instant disposition”) on the grounds that “the Plaintiff’s information about correction pertaining to correction, which, if disclosed, has a reason to significantly impede the disclosure of the information, including personal information, and is likely to infringe on the privacy or freedom of individuals if disclosed.”

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Defendant’s performance of duties is significantly difficult even if the information pertaining to the previous disposition, such as parole, was disclosed, and there was no reason to request the disclosure of personal information (name, address, resident registration number, etc.). Therefore, there is no concern that the disclosure of personal information may infringe on the

Therefore, since the instant information does not constitute information subject to non-disclosure under Article 9(1)4(b)6 of the Information Disclosure Act, it is unlawful to not disclose the said information.

(b) Attached Form 2 of the relevant statutes;

C. "Information pertaining to the execution and correction of a sentence that is subject to non-disclosure under Article 9(1)4 of the Information Disclosure Act" means information pertaining to the management and maintenance of order of inmates, the safety of confinement facilities, and the fair and efficient performance of duties relating to appropriate treatment and correction and edification of inmates, if disclosed.

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