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(영문) 서울행정법원 2018.02.02 2017구합63702

정보공개거부처분취소

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1. The Defendant’s disposition rejecting the disclosure of information as to the information stated in the attached list that the Plaintiff rendered on February 2, 2017 is revoked.

2...

Reasons

Details of the disposition

On August 25, 2016, the Plaintiff filed a civil petition with the Defendant stating that “Seoul Asan Hospital and the prime doctor, the manufacturers of anti-morraids, etc. mainly prescribed, performed illegal prescription and illegal clinical trials, and the unfair claims for expenses incurred in providing health insurance benefits in the course of treating the Plaintiff’s father B’s her father’s pre-management,” and filed a civil petition requesting the investigation and disposition thereof (hereinafter “instant civil petition”).

After investigating the facts of the instant civil petition, the Defendant sent the result to the Plaintiff on November 23, 2016.

On January 20, 2017, the Plaintiff filed a claim with the Defendant for disclosure of information on the response details with respect to the instant civil petition: ① all documents submitted by the Plaintiff; ② details of the Plaintiff’s receipt of the Plaintiff’s civil petition; ③ details of the Defendant’s investigation and investigation; ④ the Defendant’s disposition result and response; ⑤ the Defendant’s disposition details; ⑤ the hospital or pharmaceutical company; and ④ the Health & Assessment Review Agency

Data submitted by a hospital or pharmaceutical company is a non-disclosure information collected by the defendant for the purpose other than the purpose of providing a civil petitioner at his/her request to determine the appropriateness of the report of unfair claims, and thus cannot be provided for any purpose other than the collection purpose. Hospital data: Information and details of the report related to the medical care institution subject to unfair claims, and data confirming the progress of the business thereof are relevant pharmaceutical companies under Article 9 (1) 5 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”): Article 9 (1) 5 of the Information Disclosure Act and Article 9 (1) 7 of the Information Disclosure Act as information on confidential business secrets of the corporation, organization, or individual: the pertinent Defendant’s disposition of the Plaintiff in relation to the foregoing item and the response of the Evaluation Committee of the Information Disclosure Act is nonexistent, and the data submitted by the hospital or pharmaceutical company among the items cannot be provided for the following reasons.