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(영문) 인천지방법원 2019.11.15 2019구합53024
정보공개결정처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiffs are the heads of each kindergarten located in Seo-gu Incheon Metropolitan City and Gyeyang-gu under the jurisdiction of the Defendant, and each of the above kindergartens was discovered as a result of regular inspections and special audits conducted by the Defendant from 2015 to 2017.

B. A is a member of the non-governmental organization “B” and resides in Mapo-gu Seoul. On March 11, 2018, monitoring the corruption is a citizen’s duty, and the parent who sent son to the kindergarten is entitled to know of the transparency of the operation of the kindergarten, and filed a request for information disclosure including the list of the head of the kindergarten and the head of the kindergarten for the last three years with respect to the results of regular inspections and special audits conducted by the head of the district office of education in Incheon, including the defendant, to the head of the district office of

C. On March 20, 2018, the Defendant rendered a decision to disclose the remainder of each of the instant information to the public (hereinafter “the instant partial disclosure decision”) on the grounds that the list of kindergarten and kindergarten presidents (hereinafter “each of the instant information”), among the audit results, falls under Article 9(1)6 and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

A filed a lawsuit against the Defendant on May 31, 2018 against the Incheon District Court 2018Guhap52628, which sought revocation of the instant disposition. On April 5, 2019, upon receiving the judgment in favor of the Plaintiff that the disposition prior to the instant judgment was revoked on April 24, 2019, the said judgment became final and conclusive on the grounds that the list of the kindergarten and the head of the kindergarten among the audit results did not constitute information subject to non-disclosure under Article 9(1)6 and 7 of the Information Disclosure Act.

E. On April 29, 2019, the Defendant notified the fact of requesting the disclosure of information pursuant to Article 11(3) of the Information Disclosure Act, and on May 15, 2019, the said judgment became final and conclusive.

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