2014du41305 Disposition of revocation of Information Non-Disclosure

A person shall be appointed.

The Minister of Government Administration

Seoul High Court Decision 2014Du45743 Decided August 19, 2014

January 15, 2015

The appeal is dismissed.

The costs of appeal are assessed against the Defendant.

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the record, the lower court recognized the facts as indicated in its reasoning after comprehensively taking account of the adopted evidence, and accepted the Plaintiff’s claim on the ground that the grounds for the disposition of the instant case was specified by Article 9(1)6 of the former Official Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013), and the information the Plaintiff requested to disclose does not constitute non-disclosure information prescribed in the main sentence of subparagraph 6 or was excluded from non-disclosure information prescribed in the proviso (c).

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles regarding the specification of the grounds for disposition, interpretation of subparagraph 6, and partial revocation of the Ministry of Information Disclosure.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Chang-suk

Justices Shin Young-chul

Justices Lee Sang-hoon

Justices Cho Jong-hee