1. The plaintiff's claim is dismissed.

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

Details of the disposition

On September 30, 2017, the Plaintiff filed a request with the Defendant for the disclosure of information on the list of teachers at elementary schools within the jurisdiction of the Gangseo-gu Seoul Metropolitan Government Office of Education (hereinafter “instant information”).

On October 23, 2017, the Defendant rendered a disposition rejecting the disclosure of the instant information on the ground that it falls under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

(hereinafter “instant disposition”). On January 21, 2018, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Seoul Special Metropolitan City Office of Education Administrative Appeals Commission.

On August 1, 2018, the Seoul Special Metropolitan Office of Education dismissed the Plaintiff’s claim on the ground that “this case’s information constitutes “information deemed likely to infringe on the privacy or freedom of privacy if disclosed” under Article 9(1)6 of the Information Disclosure Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and the purport of the entire argument as to the legitimacy of the disposition of this case is not consistent with the purpose of the Information Disclosure Act to guarantee the citizen's right to know and secure the transparency of citizen's participation in state affairs and state administration.

In addition, Article 9(1)6(d) of the Information Disclosure Act provides that “the name position of a public official who performs duties” shall be disclosed. Since the instant information is the list of public educational officials serving the entire citizen, the Defendant shall disclose the instant information to the Plaintiff.

Judgment

관련 규정 ▣ 공공기관의 정보공개에 관한 법률 제3조(정보공개의 원칙) 공공기관이 보유ㆍ관리하는 정보는 국민의 알권리 보장 등을 위하여 이 법에서 정하는 바에 따라 적극적으로 공개하여야 한다.

Article 9 (Information Subject to Non-Disclosure) (1) Any information held and managed by public institutions shall be subject to disclosure.