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(영문) 서울행정법원 2020.01.10 2019구합1180
정보공개거부처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On January 30, 2019, the Plaintiff filed a claim with the Defendant for disclosure of the “written decision (excluding personal information) on the claim filed by the citizen against the Ministry of Foreign Affairs from June 1, 2018 to the present day” (hereinafter “instant information”).

B. On February 13, 2019, the Defendant rendered a disposition rejecting the disclosure of information (hereinafter “instant disposition”) on the ground that the instant information constitutes information subject to non-disclosure under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The Plaintiff’s assertion does not constitute information subject to non-disclosure under Article 9(1)6 of the Information Disclosure Act, and thus, the instant disposition rejecting the disclosure of the instant information should be revoked in an unlawful manner.

3. Determination on the defense prior to the merits

A. In light of the fact that the plaintiff filed a lawsuit against multiple public institutions, including the defendant, seeking revocation of the disposition rejecting the disclosure of information, but was ruled against the plaintiff on the grounds of abuse of the right to request the disclosure of information, and there is little benefit to confirm the information of this case, and there is no choice but to cause enormous waste of administrative power to disclose the information of this case after only checking and excluding personal information of approximately 5,000 of the information of this case. Thus, the plaintiff's claim for the disclosure of information of this case constitutes an abuse of the right to request the disclosure of information of this case, and thus, it must be dismissed.

B. A citizen’s claim for disclosure of information should be widely permitted as long as it does not constitute information subject to non-disclosure under Article 9 of the Information Disclosure Act, but in fact, it cannot be accepted by social norms by using the information disclosure system without any intent to acquire or utilize the pertinent information.

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