208.Revocation of a decision to disclose administrative information section 1238

OO ○ and OO Ro-ro Ga jointly

OOOOOO-dong

Representative OO

OO market

Attorney Park Young-young, Counsel for the plaintiff-appellant

December 4, 2008

January 8, 2009

1. The defendant's rejection disposition against the plaintiff on July 30, 2007 is revoked with the exception of the part concerning the information stated in the attached Table 2 among the rejection disposition on the disclosure of information listed in attached Table 1 (d).

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

The same shall apply to the order.

1. Details of the disposition;

A. On July 23, 2007, the Plaintiff requested the Defendant to disclose the information listed in the attached Table 1.

B. On July 30, 2007, the Defendant made the instant disposition rejecting disclosure on the ground that the information described in the above list A, B, C is included in the information under Article 9(1)6 and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) and the information described in the paragraph D is included in the information such as an individual, corporation, organization, etc. (hereinafter “Information Disclosure Act”).

C. As to this, the Plaintiff sought an administrative appeal seeking the revocation of the above disposition to ○○nam-do Governor, but was dismissed on January 4, 2008.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3-1 and 2-2, and the whole pleadings

A. The parties' assertion

(1) The plaintiff's assertion

Article 14 of the Information Disclosure Act provides that the information requested for disclosure is not disclosed in cases where the information falling under any subparagraph of Article 9(1) of the same Act and the part that can be disclosed is mixed. Thus, the disposition of this case by the defendant refusing to disclose the remaining information except the information subject to non-disclosure is unlawful.

(2) The defendant's assertion

The plaintiff can file a claim for the disclosure of this case only in order to secure the transparency of the defendant's business execution. The defendant has already disclosed the details of the execution of business promotion expenses in accordance with municipal ordinances and rules, and has a system for securing transparency in the execution of business promotion expenses through internal and external verification procedures, such as compilation of budget and settlement audit, and it is practically difficult to disclose information except information subject to non-disclosure under the Information Disclosure Act.

(b) Related statutes;

It is as shown in the attached Form.

(c) judgment;

The Information Disclosure Act requires that all citizens disclose information held and managed by public institutions in principle in order to guarantee the citizens' right to know and secure the citizens' participation in state affairs and the reputation of state administration. Thus, a public institution requested to disclose information held and managed by the citizens should disclose such information unless it falls under the grounds for non-disclosure provided for in each subparagraph of Article 9(1) of the same Act. Even if a public institution refuses to disclose such information, it shall specifically confirm and examine the contents of the information in question and claim and prove which part of the information in question conflicts with any legal interests or basic rights, thereby falling under the grounds for non-disclosure provided for in Article 9(1) Item (e) of the Information Disclosure Act (see, e.g., Supreme Court Decision 2003Du1370, Sept. 23, 2004).

In the instant case, in view of the protection of personal information and other information, which the Defendant cited as the grounds for the instant disposition, and Article 14 of the Information Disclosure Act combines the information subject to non-disclosure under each subparagraph of Article 9(1) and the information subject to non-disclosure, and where two parts can be separated within the scope not contrary to the purport of the public disclosure request, the part corresponding to non-disclosure information shall be excluded. However, it is sufficiently possible for the Defendant to delete and disclose personally identifiable information, such as name, resident registration number, account number, etc., which is recognized as likely to seriously harm legitimate interests of corporations, etc. if disclosed, and the information pertaining to the management and business secrets of corporations, organizations, individuals, and individuals, etc., from among the instant information for which the Plaintiff seeks disclosure, and the Plaintiff himself/herself also requests disclosure of information except the above information. Thus, there is no possibility that the non-disclosure information disclosure may infringe on the privacy or personal interests of individuals, etc. other than the aforementioned part, or business secrets, or significantly undermine business secrets and interests of corporations, etc.

Meanwhile, in light of the purpose, contents, purport, etc. of the Information Disclosure Act, there is no special restriction on the title of the request for Information Disclosure (see, e.g., Supreme Court Decision 2003Du1370, Sept. 23, 2004). Barring special circumstances, such as that the Plaintiff seeking information disclosure solely for the purpose of inducing the Defendant, the purpose of the request for Information Disclosure cannot affect the public institution’s duty to disclose information. In this case, the Defendant’s assertion that the Plaintiff can request Information Disclosure of this case only to secure the transparency of the Defendant’s business performance, cannot be accepted, and since there is a system to clarify the transparency of the execution of the Defendant’s business promotion expenses, the purpose of the request for Information Disclosure has already been achieved. The Defendant’s assertion also cannot be accepted without examining any further.

In addition, the defendant asserts that it is difficult to disclose the information except for the information subject to non-disclosure under the Information Disclosure Act, but the above reasons do not constitute the grounds for non-disclosure under each subparagraph of Article 9(1) of the Information Disclosure Act. Furthermore, as a result of the court's access to and evaluation of the information of this case, even if somewhat administrative power is mobilized to disclose the information of this case except the above information subject to non-disclosure, it cannot be deemed that the defendant is unable to cope with the normal administrative affairs. Thus, the disposition of this case cannot be justified for the above reasons.

Therefore, the Defendant’s non-disclosure disposition on the part of the instant information that the Plaintiff consented to non-disclosure among the instant information that the Defendant refused to disclose is lawful, and the Defendant’s non-disclosure disposition on the part of the information that is subject to non-disclosure except the said information is unlawful.

3. Conclusion

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

Kim J-jin (Presiding Judge)

Yellow Round

Kim Young-young

1. Information requested for disclosure;

With respect to the disbursement of ○○ market operating expenses from May 1, 2005 to June 30, 2007:

(a) Total amount used;

(b) Amount of monthly use;

(c)statisticals, daily table (lists) for each major category - Date of disbursement, use, cash, encouragement, consolation, and livers;

internal, external, policy body classification

(d) All documents evidencing the disbursement (such as receipts, written statements, and written resolution of expenditure).

2. Information to be excluded from disclosure;

Of the information falling under paragraph (d) of Schedule 1:

(a) Information on resident registration numbers of individuals;

(b) Information on the account number of financial institutions, such as a corporation, organization, or individual bank;

(c) The participants of the event, including a written resolution on various events held by the Defendant and an disbursement evidence;

An individual who can identify a specific person by name, resident registration number, etc.

information on the event (excluding public officials who attend the event)

D. Payment resolution and disbursement related to money and valuables paid by the defendant under the name of gold, encouragement, consolation, etc.

Specific persons shall be identified by the name, resident registration number, etc. of a money recipient included in evidence;

information with respect to any person as such.

Related Acts and subordinate statutes

Information Disclosure Act of Public Institutions

Article 3 (Principle of Disclosure of Information)

Information held and managed by public institutions shall be disclosed as prescribed by this Act.

Article 9 (Information Subject to Non-Disclosure)

(1) Information held and managed by a public institution shall be subject to disclosure: Provided, That information falling under any of the following subparagraphs may not be disclosed:

6. Where matters concerning individuals, such as names, resident registration numbers, etc. included in the relevant information, are disclosed;

Information that is likely to infringe on the privacy or freedom of an individual; provided that:

information pertaining to such person shall be excluded.

(a) Information which is available for inspection as prescribed by Acts and subordinate statutes;

(b) A person who maintains an individual's privacy and obtains information prepared or acquired by a public institution for publication;

Information which does not unreasonably infringe on the

Disclosure of information prepared or acquired by a public institution to the public interest or individual

information deemed necessary for the purposes of

(d) Name and position of public officials who perform the duties;

(e) The State or local governments where opening to the public is necessary for the public interest, under statutes;

(a) The name and occupation of the person entrusted or commissioned in part;

7. Matters concerning confidential management and trade information of corporations, organizations, or individuals (hereinafter referred to as "corporation, etc.");

information, if opened, likely to seriously undermine the legitimate interests of the corporation, etc.; provided that c)

information listed in such section shall be excluded.

(a) To protect human life, body, or health from risks arising from business activities;

information that is necessary to be disclosed;

(b) need to be disclosed to protect the property or life of the people from illegal or unjust business activities;

such information.

Article 14 (Partial Disclosure)

In a case where the information requested for disclosure is mixed with the information falling under any of subparagraphs of Article 9 (1) and the part that can be disclosed, and where it is possible to separate the two parts within the scope not contrary to the purport of the request for disclosure, the information shall be disclosed except for the part falling under any of subparagraphs of Article 9 (1