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(영문) 인천지방법원 2020.01.30 2019구합53062
정보공개결정처분 취소 청구의 소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant conducted an audit of kindergartens within the jurisdiction from 2015 to 2016, and discovered that each kindergarten for which the Plaintiffs served as the president constituted improper accounting and improper execution of the expenditure budget, and issued a caution or warning.

B. On March 11, 2018, D filed a claim with the Defendant for disclosure of information on the audit results conducted with respect to a kindergarten within the jurisdiction for the last three years. On March 20, 2018, the Defendant rejected disclosure on the ground that disclosure falls under information subject to non-disclosure under Article 9(1)6 and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) with respect to the portion of the list of kindergartens and the head of the kindergarten among the audit results for three years filed by the Plaintiff on March 20, 2018.

C. On May 31, 2018, D filed a lawsuit against the Defendant seeking revocation of a disposition rejecting the disclosure of information on the list of kindergartens and the head of the kindergarten (Seoul District Court 2018Guhap52628). On April 5, 2019, D was sentenced to a judgment revoking the Defendant’s disposition rejecting the disclosure of information on the list of kindergartens and the head of the kindergarten on the ground that the list of kindergartens and the head does not constitute information subject to non-disclosure under Article 9(1)6 and 7 of the Information Disclosure Act, and the said judgment became final and conclusive on April 24, 2019.

On May 15, 2019, the Defendant rendered a decision to disclose the list of kindergartens and presidents as of June 17, 2019 among the results of the three-year audit conducted with respect to the kindergartens within the jurisdiction in accordance with the purport of the above final judgment, and notified the Plaintiffs thereof.

(2) Of the above decision on disclosure of information, the part of the plaintiffs' names contained in the list of the president is "information of this case", and the part concerning the information of this case in the above decision on disclosure of information of this case is "disposition of this case") / [based on recognition] Gap's evidence 1, 3, Eul's evidence 1 and 2, and the purport of the whole pleadings.

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