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.

1. The gist of the Plaintiff’s assertion: (a) the Plaintiff filed a request for information disclosure on the “B business” executed by the Defendant; and (b) the date of approval and the column of approval on the “design Amendment Review Report” (hereinafter “instant document”) which is the most important document from among the documents disclosed by the Defendant following the procedure for filing an objection, was intentionally deleted, and was disclosed

In addition, the plaintiff filed a claim for disclosure of information on illegal acts related to a specific building while claiming the original disclosure of information, and the plaintiff did not disclose it, but it stated that the disclosure or part was made public on the notice.

The public official belonging to the defendant bears the burden of re-requesting the next information disclosure again, and the defendant bears the duty to compensate the plaintiff for damages totaling KRW 200,000 for lost income and consolation money, since the defendant has caused the inconvenience to the customer due to the wrong administrative processing on the website.

2. Determination

A. In order to establish liability for damages by the State or a local government in relation to an administrative disposition, the public official in charge of the administrative disposition must have intention or negligence in performing his/her duties, and the existence of negligence by the public official should be determined on the basis of objective duty

(See Supreme Court Decision 9Da70600 Decided May 12, 200, and Supreme Court Decision 2010Da104805 Decided January 24, 2013, etc.). In addition, even if any administrative disposition is based on an erroneous statutory interpretation, it cannot be readily concluded that such administrative disposition is a tort due to a public official’s intentional act or negligence, and it is reasonable to deem that the administrative disposition is deemed to have lost objective legitimacy by violating the duty of objective care, and that it satisfies the requirements for State liability under Article 2 of the State Compensation Act.

At this time, objective.