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(영문) 인천지방법원 2013.12.19 2013구합509
정보공개거부처분취소
Text

1. The Defendant’s disposition rejecting the disclosure of information against the Plaintiff on January 22, 2013 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On January 17, 2013, the Plaintiff filed a claim with the Defendant for disclosure of “the notice of decision on the application for disclosure and partial disclosure (excluding personal information) among all applications for disclosure of information received from January 1, 2012 to December 31, 2012” (hereinafter “instant information”).

B. Accordingly, on January 22, 2013, the Defendant rendered a non-disclosure decision based on the former Act on the Disclosure of Information by Public Institutions (amended by Act No. 11991, Aug. 6, 2013; hereinafter “former Information Disclosure Act”) on the ground that a notice of decision to disclose information to the Plaintiff constitutes personal information and may infringe on the privacy or freedom of individuals if disclosed.

(4) However, the Defendant disclosed statistics related to the number of publication and partial disclosures to the Plaintiff.

(i) [In the absence of a dispute over the grounds for recognition, entry of Gap evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. 1) The parties’ assertion 1) In principle, the information held and managed by the Plaintiff’s public institution is subject to disclosure. Even if the information of this case contains personal information among the instant information, the Defendant should delete the personal information of this case from among the instant information pursuant to Article 14 of the former Information Disclosure Act and disclose the remainder to the public. Thus, the Defendant’s refusal to disclose the instant information is unlawful. 2) The Defendant’s disclosure of the Defendant’s notice of decision on the Defendant’s claim for information disclosure is likely to infringe the Plaintiff’s privacy or freedom by disclosing the content of the claim, etc., even if the Defendant

(b) as shown in the attached Form of the relevant statutes;

C. The former Information Disclosure Act is not a non-disclosure information set forth in Article 9(1) of the Act, which is held and managed by public institutions.

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