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(영문) 서울고등법원 2018.01.16 2016누41448
정보공개거부처분취소
Text

1. Revocation of the first instance judgment.

2. All of the instant lawsuits are dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Each description of evidence 1 through 4 (including the relevant number, excluding evidence 1-5) and the purport of the whole pleadings 【Evidence’;

A. On August 18, 2014, in relation to the Sewol ferry accident, the Plaintiff requested the President of the Office of National Security to disclose the information listed in No. 1 attached Table 1 to the head of the Office of National Security, and the information listed in No. 3 attached Table 1 to the head of the Office of National Security, respectively. 2) The records pertaining to the sinking of the Sewol ferry are strictly protected as Presidential records created between the President and the President and the assisting agency. The records pertaining to the trial or investigation under the process of non-disclosure, the institution and maintenance of prosecution are likely to significantly impede the performance of the relevant duties if disclosed. Since the contents pertaining to the decision-making process or internal review process are included in personal information, it is likely to seriously impede the fair performance of the duties if disclosed, and if disclosed, it is likely to infringe on the privacy or freedom of privacy (hereinafter referred to as the "Information Disclosure Act"), Article 9(1)4 and subparagraph 5(1)6(1) of the Official Information Disclosure Act.

3) The chief of the Defendant National Security Office did not decide whether to disclose the list of records created or received on April 16, 2014, and the Plaintiff’s request for disclosure and non-disclosure and omission 1) on August 19, 2014. ① As to the information listed in the [Attachment 1] No. 2, the Plaintiff requested the chief of the Defendant National Security Office to disclose the information listed in the [Attachment 3] No. 2 to the chief of the Defendant National Security Office, and ③ to the chief of the Defendant Presidential Security Office, the chief of the Defendant Presidential Security Office requested the disclosure of the information listed in the [Attachment 2] No. 2.

2. The Chief of the Office of the President of the National Assembly on August 29, 2014.

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