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(영문) 수원지방법원 2020.10.08 2019구합74691
정보공개거부처분취소
Text

The instant lawsuit is dismissed.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. Facts that there has been no dispute over the disposition;

A. On November 12, 2019, the Plaintiff filed an appeal against a disciplinary action against the Defendant, and filed a petition with the Appellate Board for information disclosure on the remaining parts (hereinafter “the instant records”) excluding the names, resident registration numbers, addresses, telephone numbers, etc. corresponding to the personal information of the person who made the statement among the above disciplinary records at the Army Headquarters.

B. On November 20, 2019, the Defendant is subject to disclosure of information held and managed by public institutions under Article 9(1)6 of the Official Information Disclosure Act.

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 individuals: Provided, That the following personal information shall be excluded:

Information that may be perused pursuant to statutes;

(b) Information prepared or acquired by a public institution for the purpose of publication, which does not unfairly infringe on the privacy or freedom of privacy;

(c) Information prepared or acquired by a public institution and deemed necessary for the public interest or for the relief of rights of individuals;

(d) Names and positions of public officials who perform duties;

(e) Where it is necessary for the public interest, a person subject to deliberation, such as the name and occupation of an individual who has been partially entrusted or commissioned by the State or a local government under statutes, Article 11(2) of the Decree on Disciplinary Action against Military Personnel, etc., may also apply to the chairperson for perusal or reproduction of documents or materials related to his/her disciplinary action, in addition to

Provided, That the Chairperson may choose not to permit perusal or duplication in any of the following cases:

1. The disclosure of records to the persons interested in the case;

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