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(영문) 서울고등법원 2010. 1. 12. 선고 2009누22579 판결
[정보공개거부처분취소][미간행]
Plaintiff, Appellant

Plaintiff

Defendant, appellant and appellant

The head of Gyeonggi High School (Attorney Lee Jong-soo et al., Counsel for defendant-appellant)

Conclusion of Pleadings

December 15, 2009

The first instance judgment

Seoul Administrative Court Decision 2009Guhap541 Decided July 2, 2009

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Claim: Revocation of a disposition rejecting disclosure of the information set out in [Attachment 1], 2-A, 3-5 against the plaintiff on September 26, 2008 by the defendant (a claim for the information set out in [Attachment 2-B] and 6 was withdrawn in the court of first instance).

2. Purport of appeal: Revocation of the part against the defendant in the judgment of the first instance, and the plaintiff's claim corresponding to the revocation is dismissed.

Reasons

1. Scope of the judgment of this court;

In the first instance court, the Plaintiff sought revocation of the disposition rejecting disclosure of each of the information stated in the purport of the claim against the Defendant. The court of the first instance, among them, accepted the claim for part of the information described in the [Attachment] 1, 2-A, 3, 4-A, and 5-A, and dismissed the claim for the information described in the No. 4-b and 5-B in the same list. Since the Defendant only appealed against this, the subject of the judgment by the court of the first instance is limited to the information described in paragraphs 1, 2-A, 3, 4-A and 5-A in the same list.

2. Quotation of judgment of the first instance;

The reasoning of this court's decision is the same as that of the judgment of the court of first instance, and thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

3. Conclusion

Therefore, the part that seeks revocation of the disposition rejecting information disclosure on the information in this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

[Omission of Information on Requests for Disclosure]

Judges Yoon Jae-ho (Presiding Judge) (Presiding Judge)

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