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(영문) 인천지방법원 2020.01.30 2019구합53031
정보공개결정처분 취소 청구의 소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant conducted an audit of kindergartens within the jurisdiction from 2015 to 2017, and conducted dispositions, such as improper accounting operation, budget usage, neglect of management of school personnel’s work status, improper use of authorized facilities, improper use of authorized facilities, and improper operation of private kindergartens, etc. in each kindergarten where the Plaintiffs worked as the president.

B. On March 11, 2018, I requested the Defendant to disclose the results of the audit conducted with respect to a kindergarten within the jurisdiction for the last three years. On March 19, 2018, the Defendant rejected disclosure on the ground that the Plaintiff’s audit results for three years of audit claimed by the Plaintiff constituted information subject to non-disclosure under Article 9(1)6 and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) and decided to disclose the remainder only to the public.

C. On May 31, 2018, I filed a lawsuit against the Defendant seeking revocation of a disposition rejecting the disclosure of information on the list of kindergartens and the head of the kindergarten (Seoul District Court 2018Guhap52628). On April 5, 2019, I was sentenced to a judgment revoking the Defendant’s disposition rejecting the disclosure of information on the list of kindergartens and the head of the kindergarten on the ground that the list of kindergartens and the head does not constitute information subject to non-disclosure under Article 9(1)6 and 7 of the Information Disclosure Act, and the judgment became final and conclusive on April 24, 2019.

On May 15, 2019, the Defendant rendered a decision to disclose the list of kindergartens and presidents as of June 17, 2019 among the results of the audit conducted for three years with respect to the kindergartens within the jurisdiction in accordance with the purport of the above final and conclusive judgment, and notified the Plaintiffs.

In the above decision of disclosure of information, the plaintiffs' names included in the list of the president are "information of this case", and the part concerning the information of this case among the above decision of disclosure of information.

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