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(영문) 대전지방법원 2021.02.10 2019구합107387
정보비공개결정 취소 청구
Text

Among the instant lawsuits, the claim for the revocation of the disclosure refusal disposition on each information of paragraph 2 in the attached Table 1 List of Information Claim for Disclosure.

Reasons

1. Details of the disposition;

A. On September 25, 2019, the Plaintiff filed a claim against the Defendant for the disclosure of each information listed in the separate sheet No. 1 (hereinafter “instant request for disclosure”). B. On October 10, 2019, the Defendant rendered a non-disclosure decision on the ground that each information listed in the separate sheet No. 1 in the separate sheet No. 1 (hereinafter “Information Disclosure Act”) falls under the information subject to non-disclosure under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “the instant disposition”). The remainder, excluding the part that the Plaintiff seeks disclosure in the separate sheet No. 2) of the separate sheet No. 1 (hereinafter “information of this case”), which the Plaintiff seeks disclosure, falls under the information subject to non-disclosure under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), and the purport of the entire pleadings as a whole.

2. Information subject to disclosure under the Act on the Disclosure of Information as to the legitimacy of the portion of information pertaining to Attached 1’s information in the instant lawsuit refers to the information in itself, but rather to the information recorded in the media, etc. as examples under Article 2 subparag. 1 of the Information Disclosure Act. In principle, the information subject to disclosure is specified by the content of the written request for disclosure prepared by a person who requests disclosure pursuant to Article 10(1)2 of the Information Disclosure Act. If a person does not own and manage the information as specified in the instant lawsuit, there is no legal interest to seek revocation of the disposition rejecting disclosure of the relevant information, barring any special circumstance (see Supreme Court Decision 2010Du18918, Jan. 24, 2013). In light of the foregoing legal doctrine, in addition to the result of examining the Defendant’s non-disclosure submitted by the Defendant’s non-disclosure, the Defendant does not destroy and manage each information specified in Attached 1’s list (2).

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