(영문) 서울고등법원 2019.12.24. 선고 2019누47928 판결

The judgment of the first instance is revoked. The Defendant’s disposition of requesting corrective measures listed in attached Form 1, which the Plaintiff rendered on May 24, 2018, shall be revoked.

Reasons

1. Quotation of the first instance judgment

The grounds for the plaintiff's assertion in the trial court are not significantly different from the argument in the trial of the first instance, and even if the evidence submitted in the trial is newly examined, the judgment of the first instance court rejecting the plaintiff's assertion is justified.

Therefore, the reasoning for the court’s explanation on the instant case is as follows: (a) other than adding the following contents between the sixth 19 and the 20th 19 of the judgment of the first instance, the reasoning of the judgment of the first instance is as stated in the reasoning of the judgment; and (b) thus, it is cited in accordance with Article 8(2) of the Administrative Litigation

In addition, the plaintiff asserts that the plaintiff's request for corrective measures in this case is a result of the actual confirmation of the plaintiff's violation of the Public Records Act if the corrective measures are implemented upon the request of the corrective measures in this case, and criminal punishment for the auditor and relevant employees of the Ministry of Trade, Industry and Energy will be conducted later. Thus, the request for corrective measures in this case also claims that the disposition should be recognized

However, as seen earlier, the purpose of the request for the corrective measure of this case is to urge the management of records in conformity with the Public Records Act and subordinate statutes on matters requiring inspection and correction. There is no legal basis to regard the request for the corrective measure of this case as confirming the violation of the Plaintiff’s Public Records Act or as a result of the request for the corrective measure of this case, and even if it is confirmed that the violation of the Public Records Act was committed in the course of implementing the corrective measure of this case upon the Plaintiff’s assertion and the criminal punishment procedure against the auditor or relevant employee can be conducted later, the request for the corrective measure of this case itself cannot be assessed against the disposition of this case against such disadvantage."

2. Conclusion

Therefore, the lawsuit of this case shall be dismissed in its entirety, and since the judgment of the court of first instance is just in its conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.