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(영문) 서울고등법원 2020.04.09 2019누57154

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 cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except where the judgment on the defendant's assertion is added by this court as follows. Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and Article 420 of

(2) In light of the above, the court below rejected the defendant's assertion, and accepted the plaintiff's claim, even if all evidence and materials submitted by the court of first instance and this court are examined. 2. The defendant's argument in this court is the court of this case, and the court of first instance, which is the plaintiff's claim, is the information on the suspicion of violation of law by a specific person and the necessity of investigation. In particular, the examination report contains the defendant's judgment on the degree of sanction, the company's past violation of law and the fact-finding of the officer's violation of law, and it is disadvantageous to the company of this case if it is known to another person. Thus, even if the contents of the information mentioned in attached Table 1 List 1 List 1 are not different from the contents of the information already disclosed in the resolution, it is reasonable to view that the business secrets of the public corporation constitute information subject to non-disclosure under Article 9 (1) 7 of the Information Disclosure Act.

However, comprehensively taking account of the above facts admitted, the evidence and the result of the court’s non-disclosure and examination of each of the information of this case, where each of the information of this case, including the defendant’s written review report, is informed to the other party including the suspected violation of the law of this case and the necessity of investigation thereof.