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(영문) 서울고등법원 2017.01.19 2016누62582
정보공개거부처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. The Plaintiff’s father B was diagnosed with cancer since February 2010 and received treatment at the Seoul Asan Hospital.

B. On July 21, 2015, the Plaintiff filed a claim with the Defendant for the disclosure of information on “B’s medical expenses in the register of the receipt of the principal charges submitted by the Seoul Asan Hospital” (hereinafter “instant information”).

(Receipt Number C). (c)

On July 22, 2015, the Defendant rendered a decision not to disclose information on the ground that “the Plaintiff is not in receipt and management of the instant information.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, entry of Gap 1-1-2, and the purport of the whole pleadings

2. Judgment on the revocation of the disposition rejecting information disclosure

A. The plaintiff asserted 1) According to the National Health Insurance Act and the National Health Insurance Act, it is clear that the ledger of the receipt of the principal charges stipulates as one of the documents to be submitted by the medical care institution to the defendant for the examination of the medical care benefit costs from the defendant, as well as the form and method of entry, the defendant acquires and manages the information of this case, which is the ledger of the receipt of the principal charges against B, from the Seoul Asan Hospital, and accordingly, the prior disposition of this case is unlawful on different premise. 2) The defendant asserts that the disposition of this case is unlawful.

B. In principle, information subject to disclosure under the Act on the Disclosure of Information by Public Institutions is specified by the description of a written request for disclosure of information prepared by the person who requests disclosure pursuant to Article 10(1)2 of the Information Disclosure Act. If the person who requests disclosure fails to retain and manage the information as specified, barring any special circumstance, the relevant information shall be subject to disclosure.

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