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(영문) 서울고등법원 2017.03.21 2016누74240
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 in this case is that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

The following shall be added to the fifth last sentence of the first instance judgment:

In light of the purpose of the information disclosure system under Article 1 of the Information Disclosure Act and the legislative intent of the information subject to non-disclosure under Article 9(1)5 of the Information Disclosure Act, "where there is a considerable reason to believe that the fair performance of duties would substantially interfere with the fair performance of duties if disclosed" under Article 9(1)5 of the Information Disclosure Act means the case where there is a high probability that fair performance of duties would substantially interfere with the fair performance of duties if disclosed. Whether it constitutes such a high probability shall be determined carefully depending on specific matters by comparing and comparing the interests such as fairness in the performance of duties protected by non-disclosure and the interests such as guaranteeing citizens' right to know, guaranteeing citizens' participation in government affairs, securing transparency in government administration

(see, e.g., Supreme Court Decision 2002Du12946, Aug. 22, 2003; Supreme Court Decision 2010Du2913, Jun. 10, 2010). The following is added to the 6th page 4 of the first instance judgment:

Even if the method of supervision is disclosed, such circumstance alone does not compromise the fairness of supervision, and rather, it appears to contribute to realizing the people's right to know and ensuring the fairness and transparency of the defendant's performance of duties by disclosing the method of supervision. The following is added to the third "point" below the seventh day of the first instance judgment;

(4) In a judgment of an appellate court on the destruction, replacement, and transmission of related civil procedures, the profits of contribution by model of a pair of motor vehicles, fixed costs, disposal/ residual value, and net cash flow.

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