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(영문) 서울행정법원 2013.10.04 2013구합53196
부작위위법확인 및 정보비공개결정 취소 청구
Text

1. Of the instant lawsuit, the part of the judgment rendered by the Central Administrative Appeals Commission on January 15, 2013 regarding confirmation of illegality of omission.

Reasons

1. Details of the disposition;

A. (1) On January 5, 2012, the Plaintiff requested on January 5, 2012 that “The head of the headquarters in charge of computer resources management to disclose the document details related to the development, maintenance, management, etc. of the personnel information management system requested by the personnel management department (personnel development department) from the beginning of 2005 to the end of 2011.”

(2) On January 27, 2012, the Plaintiff requested that the Defendant disclose the details of entertainment expenses and meeting expenses (it is an original electronic data and includes the date of use, users, places of use, and subjects of contact, etc.) on the part of the Defendant.

(3) The defendant did not decide whether to disclose information within 20 days from the filing date of the request for information disclosure.

[The Official Information Disclosure Act (hereinafter referred to as the “Information Disclosure Act”)]

(B) Pursuant to Article 11(5), a non-disclosure decision shall be deemed made on January 25, 2012 and February 16, 2012).

(1) On April 19, 2012, the Plaintiff requested the disclosure of information from the Defendant on January 5, 2012 and on January 27, 2012 to the Central Administrative Appeals Commission (hereinafter “Commission”), “The Plaintiff disclosed information that the Plaintiff requested to the Defendant.”

(2) On January 15, 2013, the Plaintiff was adjudicated by the commission as follows.

(hereinafter referred to as the “instant disposition”) the part rejecting the disclosure of information which was not cited in the judgment.

1. The respondent (the president of the defendant) shall disclose the information on the remainder except the "name of the user station and the personnel in charge of the employee transaction center of the hostile column" among ① the document details related to the development, maintenance, management, etc. of the personnel information management system requested by the personnel management department (personnel development department) from 2005 to 2011, ② the entertainment expenses and the details of the meeting expenses after 2008 of all additional points of the respondent (electronic data).

2. The claimant's remaining claims are dismissed;

The defendant is in accordance with Article 2 subparagraph 3 of the Information Disclosure Act and Article 2 subparagraph 4 of the Enforcement Decree of the same Act.

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