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(영문) 서울고등법원 2020.12.11 2020누38166
정보공개거부처분취소
Text

1. The defendant's appeal is dismissed.

2. The defendant shall bear the costs of appeal.

Purport of claim and appeal

purport.

Reasons

1. The grounds for the judgment of the court of first instance quoted in the judgment of the court of first instance pursuant to Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, which shall include the following 2.

2. (1) The Defendant asserts that the instant information is specified as a marine teacher, and includes matters concerning personnel management and disadvantageous measures against personal information. The disclosure of such information would result in infringement of personal information, privacy, and freedom, and bring about significant obstacles to the fair performance of all personnel management affairs.

B. Article 2 subparag. 1 of the Personal Information Protection Act provides that “personal information” means information about a living person, which falls under any of the following items. Article 2 subparag. 1 of the said Act provides that “information by which an individual can be identified through his/her name, resident registration number, image, etc.” (b) provides that “information by which a specific individual cannot be identified but can be identified through simple combination with other information” and “in such cases, the time required for the identification of the individual, such as the possibility of obtaining other information, shall be reasonably considered.”

Of the instant information, the part (excluding the part on the name of a teacher) other than the audit results report, including only the objective measure results for the instant case, as “whether a victim is separated from a perpetrator,” “whether a perpetrator is released from position,” and “the details and result of the request for disciplinary punishment by the Office of Education,” and it is difficult to view the instant information that can easily recognize the teacher who committed an act by an unspecified number of persons even if combined with the information already

Even if the school was a public figure in 2018, the teachers and staff, students, guardians, etc. of the schools that had been a public figure in the 2018.

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