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(영문) 서울행정법원 2019.01.10 2018구합61550

정보공개거부처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 18, 2017, the Plaintiff filed a claim with the Defendant for disclosure of information on the entirety of the other consular records (hereinafter “instant information”) for two years from 2013 to 2014 of the D-si and E-Stock Company (a taxi company located in the B-si Operation Information System (hereinafter collectively referred to as the “instant taxi company”).

B. On July 20, 2017, the Defendant rendered a non-disclosure decision with respect to the Plaintiff on the ground that the instant information constitutes information subject to non-disclosure under Article 9(1)7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

(hereinafter “instant disposition”). C.

On July 31, 2017, the Plaintiff filed an objection against the Defendant on July 31, 2017, but was dismissed on August 14, 2017. On August 16, 2017, the Plaintiff filed an appeal against the aforementioned rejection decision with the Central Administrative Appeals Commission, but was dismissed on January 26, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 14, 15, Eul evidence 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the instant information constitutes information to verify the amount of reduction of value-added tax to be paid in cash to taxi drivers of each taxi company of this case, including working hours, types of work, gains from transportation, and taxi drivers of this case, and that the Defendant’s disposition of this case is unlawful since it does not constitute information subject to non-disclosure under the Information Disclosure Act. 2) Accordingly, the Defendant asserts that the instant information constitutes information subject to non-disclosure under Article 9(1)7 of the Information Disclosure Act.

(b) as shown in the attached Form of the relevant statutes;

C. On August 6, 2012, the Defendant concluded a “Agreement on the Establishment and Operation of the G,” with F Co., Ltd. and constructed the B cab Information System, and P Co., Ltd. in accordance with the said Convention.