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(영문) 서울고등법원 (춘천) 2021.02.01 2020누614
정보공개거부처분취소
Text

1. The judgment of the first instance is modified as follows.

A. The defendant written in the attached Table 1 as to the plaintiff on February 4, 2020.

Reasons

1. Details of the disposition;

A. On January 30, 2020, the Plaintiff filed a claim with the Defendant for the disclosure of the information listed in the attached Table 1 (hereinafter “instant information”).

B. On February 4, 2020, the Defendant rendered a decision not to disclose the instant information to the Plaintiff 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”) (hereinafter “instant disposition”). [Grounds for recognition] without dispute, each entry in Gap’s evidence Nos. 1 and 2, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is only a simple statistical data other than personal information, and it does not constitute information subject to non-disclosure under Article 9(1)6 of the Information Disclosure Act.

Therefore, the instant disposition is unlawful.

B. Attached Form 3 of the relevant statutes are as stated in the relevant statutes.

(c)

Judgment

In accordance with the main sentence of Article 9(1)6 of the Information Disclosure Act, the information subject to non-disclosure includes not only “personal identification information” to determine whether the information constitutes information subject to non-disclosure based on the type or type of information, such as name and resident registration number, etc. under the Information Disclosure Act, but also “information that may cause harm to an individual’s secret information due to disclosure of personal information, etc., and may cause harm to his/her personal and mental life or be unable to lead a free privacy.”

Meanwhile, Article 9(1)6 proviso (c) of the Information Disclosure Act provides that “information prepared or acquired by a public institution and disclosed to the public is deemed necessary to remedy the public interest or an individual’s rights” shall be excluded from the information subject to non-disclosure. Here, the disclosure of information to the public is intended to remedy the individual’s rights.

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