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(영문) 서울행정법원 2018.08.30 2017구합82765

정보비공개결정처분취소

Text

No. 4-4 of the document No. 2, No. 5 and 6 of the instant lawsuit (attached Form 1), No. 1 of the list No. 4-4, and No. 2.

Reasons

1. Details of the instant disposition and the scope of the claim for revocation

A. The Plaintiffs are companies with the purpose of issuing communications and providing news services, and Defendant Intervenor’s Intervenor (hereinafter “ Intervenor”) is a company with the purpose of news communications business, etc.

B. On July 5, 2017 and August 30, 2017, the Plaintiffs requested the Defendant to disclose the information indicated in the following “information disclosure claim” column:

(Plaintiffs filed a claim for disclosure of other information in addition to the above information, but it is not the information that became the issue in this case. The relevant information is specified in the “net No.” or “net No. 1” listed in the table below (attached Form 1), and the said claim for disclosure of information is referred to as the “instant claim for disclosure of information.” Accordingly, on July 19, 2017 and September 27, 2017, the Defendant decided not to disclose the information to the Plaintiffs on the grounds as indicated below, and notified the Plaintiffs thereof.

(2) Article 9(1)7 of the Act on the Promotion of News Communications (hereinafter referred to as the “New News Agency Act”), which was concluded since July 5, 2017 after the enforcement of the Act on the Promotion of News Communications (hereinafter referred to as the “Act on the Promotion of News Communications”) on the grounds of disposition subject to the request for information disclosure on the date of a request for information disclosure, is prohibited from being disclosed pursuant to Article 9(1)7 of the Act on the Promotion of News Communications in all the documents prepared in the process of entering into the original contract and the original contract, and the original contract under Article 19 of the Act on the Promotion of News Communications (hereinafter referred to as the “instant disposition”), including specific details of the public functions of the intervenors subject to the preservation of the public net cost of the public sector during the last two years from July 5, 2017, the details of the public functions of the intervenors who are subject to the preservation of the public functions, the cost incurred by public functions and the relevant materials based on each of the relevant public functions (i.e., the relevant specific materials included in each of each cost included.