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(영문) 서울고등법원 2014.06.20 2013누49632
정보공개거부처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

A. From January 1, 2011 to December 31, 2011, the Plaintiff filed a claim with the Defendant for disclosure of information on a notice of decision on the application for disclosure and decision on partial disclosure (attached Form 7, excluding personal information) among all applications for disclosure of information that the Defendant received to the Defendant.

(hereinafter referred to as “instant information”). B

On May 13, 2013, the Defendant rejected the Plaintiff’s request for disclosure of information on the ground that “the details of the Plaintiff’s request for disclosure and the contents of the decision of disclosure are not deemed necessary for the public interest or remedy of rights of individuals,” based on Article 9(1)6(c) of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

(hereinafter “Disposition of this case”). 【No ground for recognition”, “No ground for recognition”, “No evidence No. 1”, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. (1) The Plaintiff’s assertion does not constitute information subject to non-disclosure, and thus, the instant disposition is unlawful.

(2) The Defendant’s assertion constitutes information subject to non-disclosure under Article 9(1)6 of the Information Disclosure Act.

Even if a part of the judgment of the first instance is disclosed in accordance with the purport of the judgment, there is still a part that should be disclosed.

(b)as shown in the attached Form of the relevant statute.

C. As seen earlier, the Plaintiff filed a request for disclosure of the instant information without excluding “personal information” and on May 30, 2014, stated that “personal information” as stated in the written request at the date of pleadings for the trial at the trial at the trial at the court below refers to “personal information” as stipulated in Article 9(1)6 of the Information Disclosure Act.

On the other hand, the plaintiff requested the disclosure of the remaining information except for "matters concerning an individual" under Article 9 (1) 6 of the Information Disclosure Act.

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