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(영문) 서울행정법원 2013.07.26 2012구합34525

정보비공개처분취소

Text

1. The Defendant’s refusal to disclose information on September 10, 2012 to the Plaintiff as to the entries in the separate sheet of information disclosure claim.

Reasons

1. Details of the disposition;

A. On May 2, 2012, the Minister of Foreign Affairs and Trade declared the commencement of negotiations with China to enter into Free Trade Agreements (Free Trade Agreements, this Korea-China FTA) and held the first negotiation on May 14, 2012.

B. (1) On August 30, 2012, the Plaintiff filed a request for disclosure of information on “the report or research results predicted, analyzed, and examined the impact of Korea-China FTA on agriculture, manufacturing industry, service industry, small and medium enterprises, and small and medium merchants,” including the information stated in the list of requests for disclosure of information in the attached list of

(2) On September 10, 2012, the Minister of Foreign Affairs and Trade refused to disclose information to the Plaintiff on the ground that “(i) the report or research result predicted, analyzed, and examined the impact of the Korea-China FTA on agriculture, manufacturing, and service industry” is disclosed on the Korea-China FTA website (http:/www. Sheet.go.go/china). ② The report or research result predicted, analyzed, and examined the impact of the Korea-China FTA on small and medium enterprises and small and medium merchants is not prepared, acquired, and managed in the course of performing his/her duties.”

(hereinafter “instant disposition”). C.

On September 12, 2012, the Plaintiff filed an objection with the Minister of Foreign Affairs and Trade on the ground that “the information requested by the Minister of Foreign Affairs and Trade is a report or research result prepared by government-funded research institutions.” However, on September 26, 2012, the Minister of Foreign Affairs and Trade notified that “(i) the report or research result predicted, analyzed, and examined the impact of the Korea-China FTA on agriculture and manufacturing industry,” which could affect the ongoing negotiations if disclosed, and is likely to substantially undermine national interests, is subject to non-disclosure, and ② “the report or research result predicted, analyzed, and reviewed the impact of the Korea-China FTA on small and medium enterprises and small merchants” is not information prepared or acquired and kept on duty.

The Ministry of Foreign Affairs and Trade shall be the Ministry of Foreign Affairs and Trade in accordance with the revision of the Government Organization Act on March 23, 2013.

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