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(영문) 서울행정법원 2020.01.10 2019구합1289
정보공개거부처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On February 7, 2019, the Plaintiff filed a claim against the Defendant for disclosure of the “written decision (excluding personal information) against the Seoul Western District Prosecutors’ Office from January 1, 2019 to the present day” (hereinafter “instant information”).

B. On February 18, 2019, the Defendant rendered a disposition rejecting the disclosure of information on the ground that the instant information constitutes information subject to non-disclosure under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) to the Plaintiff.

[The facts that there is no dispute over the grounds for recognition, entry of Gap evidence No. 2, and the purport of the whole pleadings]

2. The Plaintiff’s assertion does not constitute information subject to non-disclosure under Article 9(1)6 of the Information Disclosure Act, and thus, the instant disposition rejecting the disclosure of the instant information should be revoked in an unlawful manner.

3. Whether the lawsuit of this case is legitimate

A. As long as a citizen’s claim for information disclosure does not constitute information subject to non-disclosure under Article 9 of the Information Disclosure Act, in principle, a broad license should be granted, but in fact, where it is evident that a public institution’s claim for information disclosure constitutes abuse of rights, such as where a public institution’s claim for information disclosure is made solely for the purpose of inducing public officials, without any intent to acquire or utilize the pertinent information, or where it is evident that it constitutes abuse of rights (see, e.g., Supreme Court Decision 2014Du9349, Dec. 24, 2014).

Judgment

We examine ex officio based on the above legal principles.

In light of the following facts and circumstances, the aforementioned facts, Gap evidence Nos. 2 and 3, and the purport of the entire pleadings, which can be known to this court, the instant lawsuit is relieved of the right to claim information disclosure based on the Information Disclosure Act, or its rights.

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