2020Nu38166 Revocation of disposition of refusal to disclose information

A

[Defendant-Appellee] Plaintiff 1 et al.

The superintendent of education of Seoul Metropolitan Government

Law Firm World:

Attorney Park Yong-sik

Seoul Administrative Court Decision 2019Guhap65252 decided March 5, 2020

October 13, 2020

December 11, 2020

1. The defendant's appeal is dismissed.

2. The defendant shall bear the costs of appeal.

Purport of claim

The disposition taken by the defendant against the plaintiff on August 27, 2019 by the non-disclosure of the information listed in the list (attached Form 1) shall be revoked.

Purport of appeal

The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

1. Quotation of judgment of the first instance;

The grounds for this court's judgment shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, and the following 2.

2. Additional parts

(1) The defendant asserts that the information of this case is specified as a marine teacher, and includes a disadvantageous disposition on personnel management and personal affairs. The disclosure of such information would result in infringement of personal information, privacy, and freedom, and substantially interfere with the fair execution of all personnel management affairs.

(2) Article 2 Subparag. 1 of the Personal Information Protection Act provides that "personal information" refers to information about a living person, which falls under any of the following items, and provides for "information by which an individual can be identified through his/her name, resident registration number, image, etc.", and item (b) provides for "information by which a specific individual cannot be identified but can be identified through simple combination with other information," and whether it can be easily combined with other information shall be determined by reasonably taking into account the time, expenses, technology, etc. required to identify the individual, such as the possibility of obtaining other information."

Of the instant information, the remainder (excluding the part on the name of a teacher) other than the audit results report includes only the objective measure results for the instant case as a victim or a victim, whether a perpetrator is separated, whether a perpetrator is released from position, and the content and result of the request for disciplinary action by the Office of Education, and it is difficult to regard the media article as information that can easily identify the teacher who committed an act by an unspecified number of persons even if combined with the information already disclosed.

Even if there is a possibility that faculty members, students, and guardians of schools, which had been a public opinion about 2018, might have become aware of the result of the measures taken against the perpetrator and his guardian, such neighboring persons would have been aware of the result of the measures taken against the perpetrator and the perpetrator. However, even if the information of this case was not disclosed through the disclosure of the audit results report of this case (excluding the part of the name of the teacher) is not likely to be known only through the disclosure of the remaining part of the information of this case (excluding the part of the name of the teacher) other than the audit results report, and the disclosure of the result of the defendant's special audit of the remaining part can be expected to be an opportunity to secure the fairness and transparency of the processing process of the sexual assault case in the future. In light of the above, it does not seem that the above somewhat-mentioned concerns alone should not be disclosed.

(3) The remaining part of the instant information except the audit results report (excluding the part on the name of a marine teacher) includes only the objective result of the instant case as seen earlier, and does not include the information corresponding to the process of handling affairs to take such measures. In comparison of the interests of preventing sexual harassment and sexual violence incidents in the school and the interests of protecting students and of carrying out autonomous and fair personnel affairs, the necessity of non-disclosure of the decision-making process is recognized in the personnel affairs, but it does not seem to be necessary to keep the part corresponding to the result of handling the relevant affairs confidential.

3. Conclusion

If so, the plaintiff's claim will be accepted within the scope of the remaining part (excluding the part of the name of the teacher in this case) other than the audit result report among the information of this case. The judgment of the court of first instance is consistent with this conclusion, and the defendant's appeal

The presiding judge, judge and assistant judge

Judge Go-young

Judges Lee Jae-won

A person shall be appointed.