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(영문) 창원지방법원 2018.06.07 2017나59205
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On July 7, 2016, the Plaintiff submitted a civil petition questioning “as to whether the reply was a notice of decision under Article 11(1) of the Official Information Disclosure Act” with respect to the response to the conclusion of the Chairman of the Board of Audit and Inspection on the request for information disclosure (receiving number: 350871) on May 17, 2016 (receiving number: 350871).

The Chairman of the Board of Audit and Inspection of this year

8. 1. On October 27, 2015, the Plaintiff made a civil petition reply to the effect that the Plaintiff “as a result of reviewing the above civil petition, you have the same content as the non-existence notification upon request of the Board of Audit and Inspection of Information and Inspection, it shall be treated in accordance with the provisions of Article 6(5) of the Enforcement Decree of the Official Information Disclosure Act.”

Accordingly, the Plaintiff’s answer on August 1, 2016 is not a reply to the contents of the civil petition that he/she asked, and this is against Articles 5(1) and 27(1) of the Civil Petitions Treatment Act, and the Chairman of the Board of Audit and Inspection has to respond to the above civil petition. The Chairman of the Board of Audit and Inspection has filed an administrative appeal against the Chairman of the Board of Audit and Inspection (2016.8). However, the Board of Audit and Inspection’s administrative appeals on November 7, 2016 against the Board of Audit and Inspection of the Board of Audit and Inspection (2016.8) was dismissed on the ground that the civil petition filed on July 7, 2016 by the Plaintiff cannot be deemed as

B. On December 6, 2016, the Plaintiff filed a request with the Board of Audit and Inspection for disclosure of evidentiary documents determined by the commission as having attended the meeting after examining documents submitted by the Plaintiff, etc. regarding the instant administrative appeals case by the members of the Board of Audit and Inspection, and the Board of Audit and Inspection determined the date and time of disclosure as of January 12, 2017, and notified the Plaintiff thereof.

(hereinafter referred to as “instant decision on disclosure of information”). C.

On January 19, 2017, after the decision to disclose the instant information, the Plaintiff visited the Board of Audit and Inspection on or around January 11, 2017, but was a prior interview promise.

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