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서울고등법원 2015.04.10 2014누63635

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.


1. Details of the disposition;

A. On September 5, 2013, the Plaintiff filed a request for disclosure of information with the Defendant on the notice of decision on the application for disclosure and partial disclosure (excluding attached Form 7, personal information), among all applications for disclosure of information received from the Defendant from January 1, 2011 to December 31, 2011, and filed with the Defendant.

(hereinafter referred to as “instant information”) B.

On September 6, 2013, the Defendant rendered a disposition rejecting the Plaintiff’s request for disclosure of information (hereinafter “instant disposition”) on the grounds that: (a) “the instant information shall be separately produced or processed, and is currently owned and managed by the Defendant; and (b) “the instant information may violate the confidentiality or freedom of privacy if disclosed, as it includes personal information;” pursuant to Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1 and the purport of whole pleadings

2. Determination on this safety defense

A. The Defendant’s assertion that the Plaintiff filed multiple requests for disclosure of information with multiple public agencies even though the pertinent information is not required, and the disclosure thereof is refused, the Plaintiff filed a lawsuit only with the knowledge of the legal principles of the Information Disclosure Act and the tendency of judicial precedents, and thereby, filed the lawsuit in this case for the purpose of obtaining litigation costs, acquiring attorney fees, avoiding labor, and inducing the employees of the relevant administrative agencies, and thus, it shall be dismissed as an abuse of the right of action.

B. Determination as to the right to know, in particular, the right to access to national information is recognized in relation to the freedom of expression, which is a fundamental right under the Constitution of Korea, so-called general right to request disclosure of information held and managed by all the general public.