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(영문) 서울고등법원 2014.05.23 2014누40458
정보공개거부처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, with the exception of adding the following contents to the fourth, fourth, seventeenth, following the judgment of the court of first instance. As such, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 4

“In the first instance, the Defendant asserts that the instant information disclosure claim constitutes an abuse of rights, since the Plaintiff repeats several requests for disclosure of information against each prosecutor’s office nationwide for the purpose of inducing the Defendant. In light of the purpose, content, and purport of the Information Disclosure Act, it cannot be deemed that the instant request for disclosure of information constitutes an abuse of rights, barring any special circumstance, such as where the Defendant is seeking information disclosure for the purpose of inducing the Defendant, since it does not have any special limitation to the purpose of the request for disclosure, the claim for disclosure of information does not constitute an abuse of rights (see, e.g., Supreme Court Decisions 2003Du1370, Sept. 23, 2004; 2007Du1798, Oct. 23, 2008). However, on the sole basis that the Plaintiff filed several requests against the prosecutor’s office including the Defendant, etc. for disclosure of information, the Defendant’s assertion cannot be accepted.

2. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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