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(영문) 서울고등법원 2015.10.21 2015누35941
정보공개거부처분취소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 3, 2013, the Plaintiff filed a request with the Defendant for disclosure of “A notice of decision on the application for disclosure and partial disclosure (excluding attached Form 7, personal information) among all applications for disclosure of information received from January 1, 2011 to December 31, 2011” (hereinafter “instant information”).

B. On May 10, 2013, the Defendant rendered a non-disclosure decision to the Plaintiff based on Article 9(1)6 of the Official Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “Information Disclosure Act”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. In principle, the information held and managed by the public agency of the Plaintiff’s assertion is subject to disclosure, and even if there are information related to the privacy of an individual among the instant information, the Defendant shall delete the information on the privacy of an individual from among the instant information pursuant to Article 14 of the Information Disclosure Act and disclose the remainder.

Therefore, the instant disposition is unlawful.

3. Whether the lawsuit of this case is legitimate

A. According to the records, the following circumstances are acknowledged.

(1) The Plaintiff had been sentenced to three and half years of imprisonment with prison labor for a violation of the Narcotics Control Act and repeatedly filed various requests for disclosure of information against many administrative agencies including the chief prosecutor, branch chief of the National Public Prosecutor's Office or branch office, the Minister of Foreign Affairs and Trade, the Minister of Security and Public Administration, the head of a detention house, the head of a prison, and the chief of a police station for the recent several years, such as administrative litigation, civil litigation, decision of disclosure of information that the public prosecutor's office has decided to disclose during the recent several years, investigation records on consular or detention house employees filed by the Plaintiff due to the waiver of his/her duties, work manual for consular or detention house, and personnel measures taken against

Dor. The plaintiff is the same as above.

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