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(영문) 전주지방법원 2016.06.02 2015나4217
위자료
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. On August 27, 2014, the Plaintiff filed a request for disclosure of information with the head of the Jeonnam Provincial Police Agency (hereinafter “Seoul National Police Agency”) and the head of the Gyeongbuk Provincial Police Agency (hereinafter “Seoul National Police Agency”). On September 5, 2014, the Plaintiff rendered a decision to disclose a copy of the contract, among the information requested by the Plaintiff, to disclose the information.

B. On September 5, 2014, the Plaintiff again requested the Korean National Police Agency to disclose non-disclosure information by telephone and additionally received it. On September 11, 2014, the Plaintiff requested the Korea National Police Agency to disclose a copy of the non-disclosure agreement to the same effect (hereinafter “instant information”), but was rejected on the ground that it was personal information.

C. On September 11, 2014, the Plaintiff filed an administrative appeal with the Commissioner General of the Korea Coast Guard to disclose the instant information as the respondent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Although the Commissioner General of the Korean National Police Agency, upon disclosure of the Plaintiff’s initial confidential information at the Plaintiff’s request, the public officials in charge of the Gyeongbuk National Police Agency and their superior, inasmuch as the Plaintiff did not disclose the instant information, resulting in mental damage which caused the Plaintiff’s inconvenience due to delayed handling of duties, such as allowing the Plaintiff to disclose the instant information, or receiving the Plaintiff’s personal information, etc., by delaying the Plaintiff’s request for administrative appeal, the Defendant is obligated to compensate for damages caused by the said act.

B. Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) provides that a person’s personal information, such as name, resident registration number, etc. included in the relevant information, is disclosed to the public.

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