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(영문) 서울고등법원 2015.12.15 2015누55068
정보공개거부처분취소
Text

1. Of the judgment of the court of first instance, each of the information listed in the separate sheet of information on disclosure claim filed by the Defendant against the Plaintiff on November 7, 2014.

Reasons

1. The reasoning of this court concerning the background of the disposition, the plaintiff's assertion, and the relevant part of the relevant law is the same as the corresponding part of the judgment of the court of first instance. Thus, this court shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main

2. Determination 1) The legal doctrine on whether the instant information constitutes information subject to non-disclosure under Article 9(1)4 of the Information Disclosure Act, and Article 9(1)4 of the Information Disclosure Act provides that information pertaining to investigation, which, if disclosed, has considerable grounds to recognize that the disclosure of information would significantly impede the performance of duties.

The purpose of this study is to prevent the disclosure of the methods, procedures, etc. of investigation to prevent the risk of considerable difficulty in performing the duties of the investigation agency, and it can be said that the written opinion, reporting document, merciation, legal review, internal investigation data, etc. in the investigation records are the same.

However, since the information subject to disclosure request falls under the above written opinion, it does not immediately mean that the information subject to disclosure request falls under the information subject to non-disclosure under Article 9(1)4 of the Information Disclosure Act, and it is reasonable to view it as falling under the information subject to non-disclosure even if there are reasonable grounds to recognize that the disclosure of investigation methods, procedures, etc. is considerably difficult

(B) The Defendant’s assertion (see, e.g., Supreme Court Decision 2010Du7048, Jul. 12, 2012) argues that the disclosure of each of the remaining information except the information set forth in Nos. 21, 28, 36, 40, 42, 45, and 46, pertaining to the methods and procedures of the investigation is likely to significantly impede the investigative agency’s performance of duties if a similar crime occurs due to disclosure of the methods and procedures of the investigation, etc.). (1) Specific determination (1) excluding the list No. 35, 44 of the information disclosure claim information set forth in the separate sheet No. 1.

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