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(영문) 서울고등법원 2019.04.10 2018누58976
정보공개거부처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

A. On September 8, 2017, the Plaintiff filed a claim with the Defendant to disclose each of the information listed in [Attachment 1 and 2 (hereinafter “each of the instant information”).

B. On September 19, 2017, the Defendant rendered a decision to refuse disclosure on the grounds that each of the instant information contains “the personal information of observers,” “the part concerning disclosure of tests for other types of occupation B,” “the part concerning disclosure of tests for the types of occupation B,” and “the part concerning disclosure of tests for the types of occupation B” constitutes information that obstructs fair management of tests if disclosed (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The part of the Plaintiff’s assertion that the Defendant refused to disclose to the public does not constitute information subject to non-disclosure under Article 9(1)5 of the Information Disclosure Act. Thus, the instant disposition is unlawful as it does not exist any grounds for disposition.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) The reasoning for the judgment in this part is the same as the reasoning stated in the reasoning from 6th to 8th 3th e.g., the judgment of the court of first instance. Thus, the part rejecting disclosure of each of the instant information constitutes information subject to non-disclosure pursuant to Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. 2) The reasoning for this part of the judgment is the same as the reasoning stated in the 8th 6th e.g. to 10th 9th e., the judgment of the court of first instance, except for the part added below.

9. 11. "At the same time, the members of each occupational examination committee present their opinions on the problem disclosure policies (in fact, the number of members of each occupational examination committee has presented their opinions on the problem disclosure policies, and if the above minutes are disclosed, it is highly probable that such concerns will be realized)."

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