logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2014.03.18 2013구합25757
정보공개거부처분취소
Text

1. The Defendant’s disposition rejecting the disclosure of information against the Plaintiff on September 30, 2013 is revoked.

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

Reasons

1. Details of the disposition;

A. On September 16, 2013, the Plaintiff filed a request for disclosure of information with the Defendant on the “written notice of decision on the application for disclosure and partial disclosure (attached Form 7, excluding personal information) among all applications for disclosure of information received from January 1, 2012 to December 31, 2012.”

B. On September 30, 2013, the Defendant rendered a non-disclosure decision on the ground that “personal information (name, address, telephone number, etc.) that is automatically recorded on a system-based notice of notice of disclosure of information cannot be arbitrarily deleted.”

See Evidence A 1, hereinafter referred to as the "disposition of this case"

(i) [In the absence of a dispute over the grounds for recognition, entry of Gap evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The information claimed by the Plaintiff does not fall under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) because it is unlikely to infringe on an individual’s privacy or freedom as a result of the Plaintiff’s remaining notice of decision, excluding personal information.

Therefore, the instant disposition is unlawful on a different premise.

(b) Article 9 (Information Subject to Non-Disclosure) (1) of the Official Information Disclosure Act shall be subject to disclosure of information held and managed by public institutions.

Provided, That the following information may not be disclosed:

6. Personal information, such as names, resident registration numbers, etc. included in the relevant information, which, if disclosed, is deemed likely to infringe on the privacy or freedom of individuals: Provided, That the following personal information shall be excluded:

Information that may be perused pursuant to statutes;

(b) Information prepared or acquired by a public institution for the purpose of publication, which does not unfairly infringe on the privacy or freedom of privacy;

(c)public interest or interest to disclose information prepared or acquired by public entities; or

arrow