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(영문) 춘천지방법원 2018.04.17 2017구합518
부작위위법확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

On February 6, 2017, the Plaintiff filed a request for information disclosure with the Defendant to the effect that the detailed list of the planned small river area to be incorporated into D and the land to be incorporated into D due to the construction of other river facilities is to be publicly announced and announced on the original city website pursuant to the public notice (public notice E in the original city) of the comprehensive plan for small river maintenance.

On March 6, 2017, the defendant made a decision to disclose the detailed list of prospective small river areas and land to be incorporated into other facilities according to the above notification, and notified the plaintiff by mail.

On March 7, 2017, when the defendant obtained approval from the Governor of Gangwon-do for the comprehensive plan for the maintenance of small rivers, the plaintiff asserted that he/she has the obligation to publicly announce the comprehensive plan for the maintenance of small rivers and the designation and abolition of the planned small river area in the official gazette pursuant to Article 2 (2) of the Enforcement Rule of the Small River Maintenance Act, and raised an objection to the above decision with the purport to reply to the reasons why he/she did not publish in the official bulletin, and to demand

On March 15, 2017, the Defendant posted the relevant notice (e.g., notice E/F on the original city) on the bulletin board of the original city website pursuant to Article 2(2) of the Enforcement Rule of the Small River Maintenance Act, and the notice to the effect that the notice to attach documents, such as detailed records and topographic drawings of land included in the small river area or planned small river area, is in accordance with the Enforcement Rule of the Small River Maintenance Act amended on September 8, 2016, and it is difficult to deem that the public official in charge was negligent in performing his/her duties.

On March 21, 2017, the Plaintiff requested the Defendant to reply in compliance with the provisions of Article 14(1) through (3) of the Enforcement Decree of the Official Information Disclosure Act, since the Defendant’s response on March 7, 2017 was not a notification of the result under Article 18(1) through (3) of the Official Information Disclosure Act.

The defendant disclosed the information to the plaintiff on March 28, 2017.

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