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(영문) 서울고등법원 2020.06.24 2020누32656
정보공개거부처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added or emphasized the judgment on the assertion that the defendant added or emphasized to the court of first instance pursuant to Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Determination as to the defendant's assertion

A. In addition to the underlying statutes presented in the written disposition in the instant lawsuit, the Defendant added Article 18(1) of the Attorney Examination Act to the statutes based on the instant disposition.

This is not an additional change of the reason for the disposition, and only the basis for the disposition should be added to the extent that it does not change the specific facts specified at the time of the disposition.

Article 18(1) of the Attorney Examination Act is a provision stipulating that information other than sexual information should be disclosed by limiting the subject of information disclosure to sexually. As such, the instant information is an information that is defined as confidential or non-disclosure in accordance with other Acts.

B. Determination 1 of the Information Disclosure Act provides that all citizens shall disclose information held and managed by public institutions in principle in order to guarantee citizens' right to know and secure citizens' participation in state affairs and transparency in state administration. Thus, a public institution requested to disclose information held and managed by the citizens must disclose such information unless it falls under the grounds for non-disclosure provided by each subparagraph of Article 9(1) of the Information Disclosure Act. Even if a public institution refuses such disclosure, it shall confirm and review the contents of the information in detail and prove that a part of the information is in conflict with any legal interests or fundamental rights and that it constitutes a ground for non-disclosure provided by Article 9(1) Item (i) of the Information Disclosure Act, and it is not allowed to refuse such disclosure on the sole ground of a general reason.

b) the Commission;

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