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(영문) 수원고등법원 2020.04.29 2019누14380
정보공개거부처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance cited the assertion that the plaintiff added or emphasized to the court of first instance is identical to the ground of the judgment of the court of first instance, except for a determination as to the assertion that the plaintiff added or emphasized to the court of second instance, and thus, it shall be cited by the main text of Article 8

2. Additional determination

A. The first instance court failed to exhaust all necessary deliberations as to whether the part falling under the information subject to non-disclosure among the instant information is distinguishable from the part that can be disclosed, and whether it can be separated from the part.

B. In a case where the court, after examining whether a disposition rejecting the disclosure of information by an administrative agency was illegal, found that the information for which disclosure was refused is mixed with the information subject to non-disclosure and the part for which disclosure is possible, and that the two parts can be separated within the extent that does not contravene the purport of the request for disclosure, the court may order the partial revocation of the part for which disclosure

Thus, it does not go against the purpose of the request for disclosure and can separate the part of the non-disclosure from the part of the information that can be disclosed. This does not mean the case where the two parts are physically distinguishable, but it means the case where the information is worth disclosing only the remaining part of the information, by excluding or eliminating the technology, etc. related to the information in question in light of the methods and procedures for disclosure of the information in question.

(See Supreme Court Decision 2003Du12707 delivered on December 9, 2004, etc.). Examining the result of this court’s perusal and examination in light of the above legal principles, it is considerably difficult to exclude or delete the information of this case from the information of this case only because it is related to the information of this case subject to non-disclosure, and the remaining part excluded therefrom.

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