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(영문) 서울행정법원 2014.11.28 2014구합16118
정보공개거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 5, 2014, the Plaintiff filed a request with the Defendant for the disclosure of information on the list and resident registration numbers of adjudication members who participated in the Board of Audit and Inspection Administrative Appeals Commission (2014.3 Incident) and their contact numbers, and their respective opinions.

B. On August 13, 2014, the Defendant rendered a decision to disclose the part of information (hereinafter “instant disposition”) to the Plaintiff on the ground that “The list of the adjudication members is subject to disclosure, resident registration number contact points, etc., pursuant to Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), each opinion of the members is subject to non-disclosure under Article 9(1)1 of the Information Disclosure Act, Article 41 of the Administrative Appeals Act, and Article 29 subparag. 3 of the Enforcement Decree of the same Act.”

C. Accordingly, the Plaintiff filed an objection on August 22, 2014, but was dismissed by the Defendant on August 29, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Article 29 subparag. 3 of the Enforcement Decree of the Administrative Appeals Act provides for non-disclosure information. The Ordinance of the Prime Minister did not provide that "where the opinion of the administrative appeals committee is disclosed, it would prejudice the fairness of the deliberation and ruling of the committee."

In addition, the opinion of the administrative appeals committee is not affected by the fairness of deliberation and adjudication even if the adjudication is completed and disclosed, and thus, the part of the administrative appeals committee's refusal to disclose each opinion is unlawful.

(b) Entry in the attached Form of relevant statutes;

(1) Article 9(1)1 of the Information Disclosure Act is subject to disclosure of information held and managed by a public institution.

Provided, That information prescribed as confidential or confidential by other Acts or orders delegated by other Acts (limited to the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, Presidential Decree, and municipal ordinances).

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