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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On August 22, 2013, the Plaintiff filed a request for information disclosure with the Defendant stating the details of the request as “a notice of decision on the claim for disclosure and decision on disclosure of information (attached Form 7, excluding personal information)” (hereinafter “instant information”) among all requests received from the Seoul East District Prosecutors’ Office from January 1, 2011 to December 31, 201.
B. On September 5, 2013, the Defendant rendered a non-disclosure decision to the Plaintiff on the ground that “the notice requested by the Plaintiff is not deemed information that could infringe on the privacy of an individual when disclosed pursuant to Article 9(1)6 of the former Official Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “Information Disclosure Act”), and that such disclosure may not be deemed information that is deemed necessary for the public interest or the protection of rights of an individual.”
hereinafter referred to as "disposition of this case"
(i) [Facts without dispute over the basis of recognition, entry of Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings.]
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is claiming information disclosure except personal information. Thus, Article 9 (1) 60 of the Information Disclosure Act applies to the plaintiff.
This case asserts that the disposition based on this item is unlawful.
B. (1) The facts of recognition (1) The Plaintiff was sentenced to imprisonment with prison labor for three years and six months (the Seoul Central District Court 201Gohap482) and the appeal (the Seoul High Court 2012No103, Mar. 30, 2012) but the judgment of the first instance was rendered final and conclusive on March 30, 201, and is currently in confinement in the Daejeon Prison.
(2) A notice of decision to disclose information (attached Form 1.) shall include the personal information of the claimant, (1) the date of receipt and receipt number, (2) the details of the claim, (4) the date and place of disclosure, (5) the details of disclosure, (6) the method of disclosure, (7) the method of receipt, (8) the amount to