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(영문) 서울고등법원 2014.10.15 2014누48674
정보공개거부처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From January 1, 2011 to December 31, 2011, the Plaintiff filed a request for information disclosure with the Defendant regarding a notice of decision on the application for disclosure and partial disclosure (attached Form 4, attached Form 7), among all applications for information disclosure filed with the Incheon District Prosecutors’ Office, (excluding personal information in attached Form 7, and hereinafter “instant information”).

B. On September 17, 2013, pursuant to Article 9(1)6 of the former Act on the Disclosure of Information by Public Institutions (amended by Act No. 11991, Aug. 6, 2013; hereinafter “Information Disclosure Act”), the Defendant refused to disclose information on the ground that the disclosure of information pertaining to an individual included in the pertinent information would infringe on the individual’s privacy or freedom if disclosed, and made a disposition to disclose only the current status of disclosure and partial disclosure (hereinafter “instant disposition”).

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole pleading

2. Determination on this safety defense

A. The Defendant’s assertion reveals that the Plaintiff filed a claim for disclosure of information with multiple public agencies from 2007 to January 201, 2014, and filed a lawsuit seeking revocation of rejection disposition, and the 155 lawsuit seeking disclosure of information is proceeding for the same period, which is 11.8% of the total number of lawsuits claiming disclosure of information. The Plaintiff’s lawsuit in this case is an abuse of right, and thus, constitutes an abuse of right, and thus, the lawsuit in this case is unlawful.

B. The right of citizens to know, in particular, the right to access national information is recognized in relation to the freedom of expression, which is a fundamental right under the Constitution, and the contents of such right can be claimed to disclose information that anyone holds and manages with the State.

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