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(영문) 서울고등법원 2021.03.18 2020누59521
정보공개비공개처분취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport and purport of the appeal

1. The purport of the claim;

Reasons

The reasoning of the judgment of the court of first instance, which cited the judgment, is as stated in the reasoning of the judgment of the court of first instance, except in the following cases: (a) the 3rd to 5rd to 4rd to 5rd to 15th to 4rd to the judgment of the court of first instance; and (b) thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[2] Next, we examine whether the instant information constitutes a non-disclosure information under Article 9(1)5 of the Information Disclosure Act.

A) The purpose of the Information Disclosure Act is to ensure the people’s right to know and to ensure the transparency of citizens’ participation in state affairs and state administration by prescribing necessary matters concerning the citizen’s request for disclosure of information held and managed by public institutions and the public disclosure duty.

Accordingly, the Information Disclosure Act is subject to the disclosure of all information held and managed by public institutions in principle, and the information falling under any of the subparagraphs of Article 9(1) may not be disclosed.

According to Article 2(1)5 of the former Enforcement Decree of the former Enforcement Decree of the Act on Audit, Inspection, Inspection, and Regulation, matters concerning bid contracts, technology development, personnel management, or matters in the decision-making process or internal review process, etc., which, if disclosed, have considerable grounds for remarkably obstructing the fair performance of duties or research and development.

In this case, "information which has a reasonable ground to believe that the fair performance of duties would be significantly hindered if disclosed" means a high probability that the fair performance of duties would considerably interfere with the disclosure in light of the purpose of the information disclosure system under Article 1 of the Information Disclosure Act and the legislative intent of the information subject to non-disclosure under Article 9 (1) 5 of the Information Disclosure Act.

Whether it is such a case or not is the conduct of work protected by the public disclosure.

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