208Guhap36005 Revocation of Disposition Rejecting Information Disclosure

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A Elementary School Superintendent

November 201, 2008

January 8, 2009

1. On December 18, 2007, the part of the Defendant’s decision to disclose the details of the ordinary operating expenses (from 2005 to 2007), excluding the recipient’s personal information (such as resident registration number, financial institution account information, etc.) from among the indirect operating expenses, is revoked.

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

Paragraph 1 of this Article shall also apply.

1. Details of the disposition;

A. The Plaintiff is a teacher of A Elementary School, and is currently working for the members of the said Elementary School Governance Committee.

B. On December 11, 2007, the Plaintiff filed a claim with the Defendant for the disclosure of information on the details of the detailed execution (2005 to 2007) of the ordinary expenses for business operation of A elementary school. On the 18th of the same month, the Defendant made a non-disclosure decision on the ground that only the number and total amount of enforcement of the ordinary expenses by each quarter of the year is the non-disclosure decision under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), and that the remainder of the information constitutes the non-disclosure decision under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “the non-disclosure decision”), as sought by the Plaintiff, the part on the remaining non-disclosure information except the personal information (resident registration number, account number, etc. of the financial institution) of the recipient of the ordinary expenses for business operation of A elementary school (hereinafter “the instant information”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on June 5, 2008.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1, 2, and 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The defendant's assertion

The instant information contains the amount of expenditure (type of light investigation) and the amount of expenditure for each day of light investigation fees. The Plaintiff is aware of considerable number of the Defendant’s pro ratas by engaging in long-term teaching positions. Thus, even if the instant information is disclosed, it can be identified as the recipient through the exchange of information with other school teachers, notification of light investigation, newspaper articles, etc., even if the personal information of the recipient is not directly disclosed.

Therefore, it is reasonable to see that the instant information is also personal identification information. Since the purpose of the public interest, such as securing transparency in budget execution, has been sufficiently achieved by disclosing the number and total amount of annual ordinary congratulatory expenses and annual ordinary congratulatory expenses, the disclosure of the instant information is more likely to protect the privacy secret and freedom of privacy infringed due to the disclosure of personal information, such as the personal information of the recipient and the amount executed to the recipient.

Ultimately, the instant information constitutes non-disclosure information under Article 9(1)6 of the Information Disclosure Act, and thus, the instant disposition is lawful.

(b) Related statutes;

It is as shown in the attached Table related Acts and subordinate statutes.

(c) Determination:

However, as seen earlier, the Plaintiff only requests the disclosure of the instant information by excluding all personal information of the recipient of the instant case. Even according to the Defendant’s assertion, the instant information appears to have been composed of a disbursement officer and an amount of expenditure on a date of light investigation expenses, and merely indicates historical facts as to when and when business promotion expenses were executed for any purpose, and there is no other evidence to acknowledge the instant information. Furthermore, even if the disclosure of the instant information, as alleged by the Defendant, is difficult to find that there is a risk that the recipient will be specific, the light investigation is widely known, but the fact itself is kept confidential. Considering that it is difficult to see that the principal’s personal information was executed as a public official as the representative of the school, and that the light investigation expenses of this case appears to have been executed at a certain amount, and thus, it is difficult to view that the Plaintiff’s request for disclosure of the instant information, excluding personal information of the recipient of the instant information, and that the Plaintiff’s right to know is considerably infringed upon the Plaintiff’s private right to receive and executed the instant information.

Therefore, the instant information is not subject to the non-disclosure information under Article 9(1)6 of the Information Disclosure Act, and thus, the instant disposition rejecting the disclosure of the instant information is unlawful.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

For judges of the presiding judge;

Judges Adjusted or Managed

Judges Kang Jeong-hee

Related Acts and subordinate statutes

[Act on Disclosure of Information by Public Institutions]

Article 1 (Purpose)

The purpose of this Act is to guarantee citizens' right to know and to ensure citizens' participation in state affairs and transparency in the management of state affairs by prescribing matters necessary for the citizens' request for disclosure of information held and managed by public institutions and the duty of public institutions to disclose such information.

Article 3 (Principles for Disclosure of Information)

Information held and managed by a public institution shall be disclosed as prescribed by this Act.

Article 9 (Information Subject to Non-Disclosure)

(1) Information held and managed by a public institution shall be subject to disclosure: 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 an individual’s living activity: Provided, That the following personal information shall be excluded:

(c) the end of any information that is prepared or acquired by a public entity and that is deemed necessary to protect the public interest or an individual’s rights.