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(영문) 서울행정법원 2016.09.09 2016구합2663 (1)
정보공개청구권
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Following the Plaintiff’s assertion B’s death on May 19, 192, C et al. inherited the property of B solely, and C et al. died on June 25, 2007, their children, such as Plaintiff and D et al. jointly inherited C’s property.

The Plaintiff demanded the Defendant to disclose the details of taxation, tax assessment statement, and tax payment amount imposed on the Defendant on the ground that the Plaintiff did not pay taxes up to now, but the Defendant refused to do so, which is illegal disposition.

2. Determination on this safety defense

A. The defendant asserts that the lawsuit of this case is unlawful since the plaintiff did not receive a written request for information disclosure.

B. Article 10(1) of the Act on the Requests for Disclosure of Information by Public Institutions is referred to as the "applicant" for disclosure of information.

1. The applicant’s name, resident registration number, address, and contact information (referring to telephone number, e-mail address, etc.) may submit a request for disclosure of information stating the following to any public institution that holds or manages the relevant information:

A person shall be appointed.

2. Article 6(1) of the Enforcement Decree of the Act on the Requests for Information Disclosure by Public Institutions provides that “The information disclosure request under Article 10(1) of the Act shall be submitted either directly or by mail, facsimile or by information and communications network to a public institution.”

Article 2(1) of the Enforcement Rule of the Act on the Requests for Disclosure of Information by Public Institutions provides that "the request for disclosure of information under Article 10(1) of the Act and Article 6(1) of the Enforcement Decree of the Official Information Disclosure Act shall be in accordance with attached Form 1-2.

Article 10 (1) and (2) of the Act shall be made orally in accordance with attached Form 2 where the disclosure of information is requested pursuant to Article 10 (2) and (2) of the Act.

The term "each" is defined as "each."

The case is returned to the case and the lawsuit of this case is brought by the plaintiff.

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