(영문) 서울고등법원 2020.02.06 2019누64107

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2020.02.06 2019누64107

정보공개거부처분취소

Text

1. Of the judgment of the court of first instance, the part against the defendant ordering revocation exceeding the following part ordering revocation.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the reasoning of the judgment of the court of first instance, is the same as the reasoning of the judgment of the court of first instance, except where the portion of five 13-21 of the reasoning of the judgment of the court of first instance, is used as follows. Thus, it shall be accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. However, if the part of the judgment of first instance among the information of this case (hereinafter “part of nonpublic information”), among the information of this case, is disclosed, it is likely for a person subject to further inquiry to file an unnecessary civil petition against the investigator or approval, and as a result, it is highly difficult for the prosecutor to perform his/

Therefore, this part of the instant information constitutes information subject to non-disclosure under Article 9(1)4 of the Information Disclosure Act.

Of the instant information, the remainder, excluding the information subject to non-disclosure, shall not be deemed information subject to non-disclosure under Article 9(1)4 of the Information Disclosure Act.

C. Of the disposition of this case, the part of the information subject to non-disclosure is legitimate, but the remainder should be revoked as it is unlawful.

A person shall be appointed.

2. The plaintiff's claim for conclusion shall be accepted within the extent of the above recognition, and the remaining claims shall be dismissed due to the lack of reasonable grounds.

Among the judgment of the first instance, the part concerning the information subject to non-disclosure is unfair with different conclusions, and thus, the plaintiff's claim corresponding to this part is dismissed.

The remainder of the judgment of the first instance is just in conclusion, and the defendant's remaining appeal is dismissed as it is without merit.

참조조문

-공공기관의 정보공개에 관한 법률 제9조 제1항 제4호

-민사소송법 제420조

-행정소송법 제8조 제2항

유사 판례

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