정보공개청구소송에서 비공개사유의 추가 - [판례평석 대법원 : 2003.12.11. 선고, 2001두8827판결] = Addition of exemption cause in the Action for request of information disclosure

다국어 초록 (Multilingual Abstract)

  In the Supreme Court Decision 2001Du 8827, delivered on December,11,2003, the Supreme Court has remanded after quashing the judgement of the original instance about the Addition of exemption cause in the Action for request of information disclosure. The court of original instance had defined the addition of exemption cause during the pending in the court as an illustrative clause. But the Supreme Court has determined it against the identity of the basic facts-relationship. So the defendant is not bound to the cause unexamined in the suit. The new request of plaintiff on the freedom of information act shall be refused by the cause unexamined. The author criticizes, as conclusions, the Supreme Court Decision is not improper in consideration of the purpose of litigation and the intention of plaintiff.

목차 (Table of Contents)

• Ⅰ. 사실개요
  Ⅱ. 판결요지
  Ⅲ. 평석
  Ⅳ. 맺는말
  Abstract