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(영문) 서울행정법원 2017.04.27 2016구합73450
정보공개거부처분취소
Text

1. The Defendant’s refusal to disclose information stated in the attached Table to the Plaintiff on August 9, 2016 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On December 17, 2015, the Plaintiff filed a complaint with the Seoul Eastern District Prosecutors’ Office (hereinafter “B”) on charges of violating the Personal Information Protection Act, etc. (hereinafter “instant case”) and filed a complaint with B, C, and D (hereinafter “Defendants”) on charges of violating the Labor Relations Commission Act, etc. around January 2016 (hereinafter “instant case”).

B on January 12, 2016, the Plaintiff filed a claim for the disclosure of information on the complaint submitted by the Plaintiff regarding the case No. 2015 type No. 54656, and the Defendant filed a claim with the Defendant on January 25, 2016 regarding the case No. 2016 type No. 2548.

Accordingly, on January 13, 2016, the defendant notified the defendant to the public on January 2 and January 27, 2016 that the defendant should disclose the remainder of the complaint, excluding those likely to infringe on the privacy or freedom of privacy.

C. On July 29, 2016, the Plaintiff filed a claim with the Defendant for disclosure of the information indicated in the attached list (hereinafter “instant information”), but the Defendant rendered a decision not to disclose the instant information on August 9, 2016 on the ground that the instant information constitutes information subject to non-disclosure under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

(hereinafter “instant disposition”) D.

On August 9, 2016, the Plaintiff appealed and filed an objection against the Defendant, but the Defendant dismissed it on August 18, 2016.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 6, 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Of the Plaintiff’s assertion, the Defendant’s claim for the disclosure of information cannot be deemed as pertaining to the confidentiality or freedom of privacy under Article 9(1)6 of the Information Disclosure Act, and the data pertaining to the approval and issuance of the request for the disclosure of information also constitutes the privacy under the said provision.

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