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(영문) 광주지방법원 2018.08.30 2018구단749
정보공개거부처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On April 9, 2018, the Plaintiff filed a claim with the Defendant for disclosure of information in the attached list, but the Defendant rendered the instant disposition rejecting the disclosure of information on April 19, 2018 on the ground that the Plaintiff did not separately retain the information in the form requested by the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 2 and 5

2. Determination on this safety defense

A. The Defendant’s defense to the effect that there is no legal interest in seeking revocation of the instant disposition, since the Defendant did not retain and manage the information that the Plaintiff seeks disclosure.

B. Determination 1) In light of the fact that the information disclosure system is a system that discloses information held and managed by a public institution in its original state, it is sufficient for a person who seeks information disclosure to prove that there is a considerable probability that the person who wants to obtain information disclosure will hold and manage the information to be disclosed. However, where a public institution does not hold and manage such information, barring any special circumstance, there is no legal interest in seeking revocation of the disposition rejecting information disclosure (see, e.g., Supreme Court Decision 2003Du9459, Jan. 13, 2006). Meanwhile, in the case of information held and managed in an electronic form, the public institution that received the request for information retains and manages basic data of the information subject to disclosure in an electronic form, even if the information is not as claimed by the claimant, and can search and edit such basic data using computer hardware, software, and technical expertise used in the relevant public institution, and such basic data can be viewed as being held and managed by the public institution as requested by the claimant.

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