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(영문) 서울고등법원 2020.12.11 2020누43328
정보공개거부처분취소
Text

1. The judgment of the court of first instance is modified as follows.

On January 2, 2019, the Defendant stated the attached list against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff was first appointed as a customs secretary on March 1, 1989. From January 18, 2017 to May 24, 2018, the head of the Korea Customs Service C institutions E was working as the head of the H Center from May 25, 2018.

B. On May 17, 2018, the Defendant requested the Commissioner of the Korea Customs Service to inspect and investigate the Plaintiff’s refusal of the Plaintiff’s order to perform duties and deviation from the scope of duties. The Commissioner of the Korea Customs Service, upon receiving a report on the audit results from the inspection team of the Korea Customs Service, requested the Central Disciplinary Committee on June 22, 2018 to make a heavy disciplinary decision against the Plaintiff on suspicion of violation of Articles 56 (Duty of Fidelity), 57 (Duty of Good Faith), 59 (Duty of Good Faith), and 63 (Duty of Maintenance of Dignity) of the State Public Officials Act. On June 25, 2018, the Defendant released the Plaintiff’s position pursuant to Article 73-3(1)3 of the State Public Officials Act on the ground that it is difficult for the Plaintiff to perform his/her normal duties as a public official.

On October 19, 2018, the Central Disciplinary Committee decided to suspend the Plaintiff from office for one month, and the Commissioner of the Korea Customs Service filed a request for reexamination on November 13, 2018, but the Central Disciplinary Committee dismissed the request for reexamination on February 15, 2019.

On March 11, 2019, the Commissioner of the Korea Customs Service was subject to one-month suspension from office against the Plaintiff.

C. On December 18, 2018, the Plaintiff: (a) to the Commissioner of the Korea Customs Service on April 1, 2018.

5. Before December 24, 201, in order to request an inspection for the purpose of having the Plaintiff take disciplinary action, the Director-General of the Review Bureau at the time prepared a request for disclosure of the “written request for inspection and examination” (hereinafter “written request for inspection and examination”) submitted by the Commissioner of the Korea Customs Service to the Plaintiff. The Commissioner of the Korea Customs Service, on December 19, 2018, transferred the Plaintiff’s request for information disclosure to the Defendant pursuant to Article 11(4) of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”). The Defendant, on January 2, 2019, transferred the instant information to the Defendant. The Defendant, on January 5, 2019, “the development of technology for the contract for inspection and inspection and the regulation of the audit and examination contracts,” under Article 9

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