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A. On July 9, 2015, the Plaintiff requested the Defendant to disclose the information listed in the attached list (hereinafter “instant information”).

B. On July 31, 2015, the Defendant notified the Plaintiff of the decision that the instant information constitutes information subject to non-disclosure under Article 9(1)2 and 5 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence No. 2, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant information pertains to the degree of contamination of oil inside the Yongsan Military Base, and does not constitute information subject to non-disclosure under Article 9(1)2 of the Information Disclosure Act, since it is not related to national security, national defense, unification and diplomatic relations. Even if it is a diplomatic relation, it cannot be deemed that the instant information is merely an objective indicator with which the degree of contamination inside the Yongsan Military Base is confirmed, and thus, it cannot be deemed that it seriously impedes the fair performance of its duties, and thus, it does not constitute information subject to non-disclosure under Article 9(1)5 of the Information Disclosure Act.

나. 관계 규정 ▣ 공공기관의 정보공개에 관한 법률 제9조(비공개 대상 정보) ① 공공기관이 보유ㆍ관리하는 정보는 공개 대상이 된다.

Provided, That the following information may not be disclosed:

2. Information pertaining to the national security, national defense, unification, diplomatic relations, etc., which, if disclosed, is likely to seriously undermine the national interest;

5. Matters concerning the audit, supervision, inspection, test, regulation, bidding contracts, technology development, and personnel management, or decision-making processes;