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(영문) 서울고등법원 2014.10.16 2014누51618
정보공개거부처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except for the addition of the following Paragraph (2). Thus, the court's explanation as to this case is cited by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420

2. In the first instance, the Defendant filed a lawsuit seeking revocation of the disposition rejecting the disclosure of information through 155 nationwide, and asserts that the Plaintiff’s claim for disclosure of information is not permissible because it is against the good faith principle or constitutes abuse of rights, since the Plaintiff’s claim for disclosure of information is filed solely for the purpose of pecuniary benefits outside a lawsuit, such as actively filing a lawsuit without receiving disclosed information, or filing a claim for unnecessary attorney’s fees.

It is insufficient to recognize that the Plaintiff’s request for the disclosure of information of this case against the Defendant solely for the purpose of pecuniary benefits outside a lawsuit and thus constitutes abuse of the right of action. There is no other evidence to acknowledge it.

In addition, in light of the purpose, contents, and purport of the former Act on the Disclosure of Information by Public Institutions (amended by Act No. 11991, Aug. 6, 2013), there is no special restriction on the grounds or purpose of the request for disclosure of information. However, in special circumstances where the request for disclosure of information is sought solely for the purpose of coercing the defendant who is the other party, the request for disclosure of information may be deemed to be contrary to the good faith principle or constitutes abuse of rights.

(See Supreme Court Decision 2004Du2783 Decided August 24, 2006, etc.). However, even if the Plaintiff claims a variety of information disclosure against the administrative agencies nationwide, including the Defendant, the instant claim for information disclosure is solely based on such reasons.

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