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The judgment of the first instance is modified as follows.
The defendant listed on August 10, 2018 in the attached Table 1, respectively, against the plaintiff.
Reasons
Details of the disposition
A. The Plaintiff is a vice-president of the Department of Study at B University Tourism School, and the Defendant is the president of B University.
B. On August 1, 2018, the Plaintiff filed a claim with the Defendant for disclosure of each of the information listed in the separate sheet No. 1 (hereinafter “instant information”).
C. On August 10, 2018, the Defendant rendered a non-disclosure decision on the ground that the instant information constitutes “business secrets” under Article 9(1)7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).
(hereinafter referred to as “instant disposition”). [Grounds for recognition] The Plaintiff sought revocation of the instant disposition in the first instance court, but the first instance court dismissed the information on the account number of the financial institutions of the B University among the instant disposition, and accepted only the remainder of the information except for this.
Since only the Defendant appealed, the scope of this Court’s adjudication is limited to the part, excluding the part on “information on account numbers of financial institutions at B University” in the instant disposition.
The gist of the Plaintiff’s assertion as to the legitimacy of the instant disposition is not that of non-disclosure under each subparagraph of Article 9 of the Information Disclosure Act.
Since the Special Act on the Disclosure of Information by Education-Related Institutions with the Defendant’s discretionary authority to disclose the information of this case’s assertion is a special law under the Information Disclosure Act, the Act on the Disclosure of Information of Educational Institutions should first apply to this case as stipulated in Article 4 of the Information Disclosure Act.
The defendant has already disclosed the information subject to public disclosure by higher education institutions under the Enforcement Decree of the Information Disclosure Act, and the defendant has already disclosed other information beyond the information already disclosed in accordance with the Information Disclosure Act.