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(영문) 대구지방법원 2016.09.30 2016구합21482
정보공개거부처분취소
Text

1. The Defendant’s disposition rejecting the disclosure of information against the Plaintiff on May 23, 2016 is revoked.

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

Reasons

1. Details of the disposition;

A. On May 11, 2016, the Plaintiff filed a request with the Defendant for the disclosure of information on “documents (written petition) sent by the B University Faculty Council to the Defendant by content-certified mail.”

(hereinafter referred to as “instant information”). B

On May 23, 2016, the Defendant rendered a decision rejecting disclosure based on Article 21 (No. 3) of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) to the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Whether the instant disposition is lawful

A. The instant information claimed by the Plaintiff is merely about the Plaintiff’s personal identity and does not constitute information subject to non-disclosure as provided by the Information Disclosure Act, and Article 21 of the Information Disclosure Act only provides for the procedure to be followed in relation to the third party in determining whether to disclose information.

Therefore, the defendant's disposition of this case is unlawful since the reason that a third party's request for non-disclosure does not constitute justifiable grounds to refuse the disclosure of information.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. Article 9(1) of the Information Disclosure Act provides that "Any information held and managed by a public institution shall be subject to disclosure to the public: Provided, That it may not be disclosed to the information falling under any of the following subparagraphs." In light of the legislative purport of the Information Disclosure Act and the legislative form of the above provision, "information held and managed by a public institution" refers not only to the information prepared and kept by the public institution in question, but also to all the information held and managed by the public institution in question, regardless of its circumstances. Thus, even if it is related to a third party, the public institution concerned

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