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(영문) 대법원 2015.01.29 2013두25603
정보공개거부처분취소
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. The right to know to the people, in particular, the right to access information held and managed by public institutions, is recognized in relation to the freedom of expression, which is a fundamental right under our Constitution, and the content of such right includes the right to request the disclosure of information held and managed by any public institution.

The former Act on the Disclosure of Information by Public Institutions (amended by Act No. 11991, Aug. 6, 2013; hereinafter “Information Disclosure Act”) enacted for the purpose of guaranteeing citizens’ right to know and securing citizens’ participation in state affairs and transparency in the management of state affairs provides that information held and managed by public institutions should be disclosed in accordance with the provisions of this Act, and Article 5(1) provides that all citizens shall have the right to request information disclosure, and Article 6 provides for the contents of the right to request information disclosure and procedures for its exercise, such as the implementation of this Act and the relevant Acts and subordinate statutes to ensure the respect for the people’s right to request information disclosure.

Considering the meaning and nature of the right to request general disclosure of information, the content and legislative purpose of the Information Disclosure Act, and the fact that the Information Disclosure Act does not impose any limitation on the purpose of using information or on the grounds for accessing information in relation to the exercise of the right to request disclosure, a citizen’s claim for disclosure of information should be widely permitted in principle unless it does not constitute information subject to non-disclosure under Article 9 of the Information Disclosure Act. However, in fact, a citizen’s claim for disclosure of information should be widely permitted, but it is intended to obtain unjust benefits that are not acceptable

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