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(영문) 인천지방법원 2015.02.06 2014구합2359
정보비공개결정거부처분취소
Text

1. Of the instant lawsuit, the part relating to No. 11, 12 and 12 as indicated in the separate sheet shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Details of the disposition;

A. On April 24, 2014, the Plaintiff requested the Defendant to disclose information indicated in the attached list.

B. On May 21, 2014, the Defendant made a non-disclosure disposition against the Plaintiff on the ground that the information listed in the separate sheet No. 10 is disclosed, and the information listed in the separate sheet No. 1 through 9 falls under Article 9(1)4 and 5 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2 (including each number), the purport of the entire pleadings

2. We examine ex officio the judgment prior to the merits, as to the claim for revocation of the non-disclosure of information set forth in [Attachment No. 11 and 12].

The plaintiff asserts that the defendant did not make any decision on the information set forth in the separate sheet Nos. 11, 12, and that the non-disclosure disposition was made by omission. However, if an administrative agency does not make any disposition, it is separate from seeking confirmation of illegality of omission, and the defendant's claim for revocation of the non-existent disposition is unlawful.

3. Whether the instant disposition is lawful

A. The Defendant’s disposition of this case, which rendered a non-disclosure decision of information Nos. 1 through 9 as indicated in the Plaintiff’s attached list, is unlawful.

B. (1) Article 3 of the Information Disclosure Act provides that information held and managed by a public institution shall be actively disclosed as prescribed by the Information Disclosure Act in order to guarantee citizens’ right to know. However, Article 9 of the Information Disclosure Act provides that information subject to non-disclosure may not be disclosed in certain cases. However, Article 9(1)4 of the Information Disclosure Act provides that information related to a trial in progress and the institution and maintenance of a crime prevention and investigation room, execution of a sentence, correction, and security disposition, which, if disclosed, is considerably difficult to perform their duties.

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