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(영문) 부산지방법원 2019.11.08 2019구합22584
정보공개거부처분취소
Text

1. On May 8, 2019, the attached table 1, 2.1, 2. of the disposition rejecting the disclosure of information made by the Defendant against the Plaintiff.

Reasons

Details of the disposition

On April 10, 2019, the Plaintiff filed a request for information disclosure (hereinafter “instant request for information disclosure”) with the Defendant for each information listed in Nos. 1 through 32 pertaining to the final report on the Han Infertility Treatment Support Project in the B year and the “List of Information Disclosure Claim” No. 1 to 32 pertaining to the Han Infertility Treatment Support Project in the B year.

On May 8, 2019, the Defendant notified the Plaintiff of the non-disclosure decision on the ground that it falls under Article 3 of the Personal Information Protection Act and Article 9(1)5, 6, and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

(hereinafter “instant refusal disposition”). On May 8, 2019, the Plaintiff filed an objection against the instant refusal disposition with the purport that the information requested by the Plaintiff does not fall under Article 3 of the Personal Information Protection Act and Article 9(1)5 through 7 of the Information Disclosure Act.

The Defendant, upon the Plaintiff’s filing of objection, held the Information Disclosure Council with seven members’ participation from May 21, 2018 to May 23, 2018. On May 24, 2019, the Defendant dismissed the Plaintiff’s objection on the ground that “constition of hindering the fair implementation of future projects when disclosing information, and concerns about reverse effect at the time of disclosing information,” the research samples on the report, are written.

【In the absence of dispute, Gap evidence Nos. 1, Gap evidence No. 2(s) and the plaintiff's assertion as to the legitimacy of the rejection disposition of this case as to the whole purport of the pleadings, the defendant's assertion as to the plaintiff's assertion as to the legitimacy of the rejection disposition of this case is based on Article 3 of the Personal Information Protection Act and Article 9 (1) 5 through 7 of the Information Disclosure Act, and Article 9 (1) 1, 2, 3, 8, 9, 13, 14, 17, 20-3, 20-3, 21, 22-1, 24-1, 25-2, 27, 28, 31 and 32 of the "List of Information Disclosure Claim" No. 1.

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