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(영문) 서울행정법원 2014.08.28 2013구합25276
정보공개거부처분취소
Text

1. A disposition rejecting information disclosure made by the Defendant to the Plaintiff on September 6, 2013 is revoked.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Details of the disposition;

A. On September 5, 2013, the Plaintiff filed a request for disclosure of information with the Defendant on the notice of decision on the application for disclosure and partial disclosure (excluding attached Form 7, personal information), among all applications for disclosure of information received from the Defendant from January 1, 2011 to December 31, 2011, and filed with the Defendant.

(hereinafter referred to as “instant information”) B.

On September 6, 2013, the Defendant rendered a disposition rejecting the Plaintiff’s request for disclosure of information (hereinafter “instant disposition”) on the ground that “The instant information contains personal information and may infringe on the confidentiality or freedom of privacy if disclosed” pursuant to Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1 and the purport of whole pleadings

2. Determination on this safety defense

A. In full view of the following, the Defendant’s gist of defense: (a) the Plaintiff filed a lawsuit claiming the disclosure of information in the case amounting to approximately KRW 87% in which the Plaintiff won the case; (b) the information ordering disclosure in the judgment is not received; (c) the Plaintiff actively files a lawsuit claiming excessive litigation costs and appointing an attorney-at-law who does not need to be appointed; (iv) the purpose of the lawsuit claiming the disclosure of information is to avoid labor and waste the administrative power of the correctional institution by attending the court at intervals of ten days but not bearing the cost of escort; and (e) the Plaintiff voluntarily states to the effect that the instant lawsuit is obtained not for the purpose of claiming the disclosure of information but for the purpose of claiming the disclosure of information.

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