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(영문) 서울행정법원 2018.08.24 2017구합7733
정보공개거부처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On February 15, 2017, the Plaintiff requested the Defendant to disclose the list of all the established rules and rules held by the Prosecutor’s Office to the public.

B. On February 21, 2017, the Defendant sent to the Plaintiff only a list of directives and established rules of the Supreme Prosecutors’ Office to be disclosed in accordance with the above partial disclosure order to the effect that “In the event that the Defendant provides the Plaintiff with information directly related to the execution of major tasks of the Prosecutor’s Office, such as investigation, maintenance of public prosecution, execution of punishment, etc., it would seriously interfere with the performance of duties of the Prosecutor’s Office, shall not be disclosed pursuant to each subparagraph of Article 9(1) of the Official Information Disclosure Act, and only the list of directives and established rules of the Prosecutor’s Office

(hereinafter referred to as "each information of this case" and the defendant's decision not to disclose each information of this case is referred to as "the disposition of this case").

On March 23, 2018, the Defendant decided to disclose each of the instant information, which was decided not to disclose to the public in the instant disposition, and served the Plaintiff by mail.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the defense prior to the merits

A. 1) The Defendant’s assertion 1) revoked the instant disposition on March 23, 2018 and additionally disclosed each of the instant information to the Plaintiff. As such, the instant lawsuit was unlawful as there is no interest in the lawsuit. 2) The Plaintiff’s assertion filed an administrative appeal on the instant disposition, which was unlawful as there was no interest in the lawsuit. Since the Central Administrative Appeals Commission rendered a ruling citing the instant disposition, it was merely a decision that the Defendant decided to disclose each of the instant information as of March 23, 2018, which was made by the Defendant as of February 21, 2017, and was not included in the list of the directives and established rules of the Supreme Prosecutors’ Office’s directives and established rules publicly announced as of March 23, 2018.

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