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(영문) 대구지방법원 2016.07.08 2016구합20809
재결취소 등
Text

1. Defendant Daegu Metropolitan City Administrative Appeals Commissions (Seoul Metropolitan City Administrative Appeals Commissions) on January 25, 2016 to C on November 4, 2015.

Reasons

1. Details of the disposition;

A. The Plaintiff is a local public official working as a local tax assistant in Daegu Metropolitan City B-gu Office, and the head of the regional headquarters of the Korean Public Officials’ Union D.

B. On October 29, 2015, C, a member of the National Democratic Government Officials’ Union, filed a request with the head of the Daegu Metropolitan City B (hereinafter “head of Defendant B”) for disclosure of the Plaintiff’s “Information on the Status of Service (hereinafter “Information on the Status of Service”) including annual leave, official leave, special leave, sick leave, sic, early leave, and outing, etc.” (hereinafter “Information”). C, on November 4, 2015, the head of the Defendant B filed a request for disclosure of the instant Information on the grounds that the instant Information is likely to infringe on the confidentiality or freedom of privacy if disclosed” (hereinafter “Information Disclosure Act”), and the Defendant B’s request for disclosure of non-disclosure decision on the grounds that the instant Information constitutes “non-disclosure information” as stipulated in Article 9(1)6 of the Official Information Disclosure Act, and C, excluding the information pertaining to the personal status and the resident registration number of the Defendant B and the non-disclosure decision, were dismissed by C. B.11.

The claim of this case is a mixture of parts falling under any of the subparagraphs of Article 9(1) of the Information Disclosure Act, and where two parts can be separated within the scope not contrary to the purport of the request for disclosure, the part falling under any of the subparagraphs of Article 9(1) shall be disclosed. The respondent (Defendant Daegu Metropolitan City head) shall, when making a decision not to disclose the information of this case, determine whether the part falling under the information subject to non-disclosure and the part that can be disclosed can be disclosed, and the purport of the

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