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(영문) 서울행정법원 2017.08.18 2016구합81307

정보공개거부처분취소

Text

1. The Defendant, on February 25, 2016, rejected the disclosure of each information listed in the separate sheet of Attached Table 1, with respect to the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 29, 2016, the Plaintiff, the representative of “B,” which is a non-profit organization aimed at opposing life abuse, such as animal welfare, filed a claim with the Defendant for the disclosure of each information listed in the attached Table 1 (hereinafter “each of the instant information,” and the title “No. 1-1-information, etc.” according to the sequence thereof.

B. On February 25, 2016, the Defendant: (a) disclosed the Plaintiff only “Nuides (NRC, 2010)” which is part of the information on each of the instant information; and (b) rejected the disclosure of the remainder of the information by the public institutions on the grounds that it constitutes “information that substantially interferes with the fair performance of duties or research and development of research and development” falling under Article 9(1)5 and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”); and (c) “information falling under business secrets,” which constitutes non-disclosure information (hereinafter “instant disposition”).

C. The Plaintiff filed an objection against the Defendant on March 22, 2016, but was dismissed on April 7, 2016, the Plaintiff filed an appeal against the dismissal ruling with the Central Administrative Appeals Commission on May 23, 2016, but the said appeal was dismissed on August 16, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Defendant’s assertion 1) For the same reason, each of the instant information constitutes a non-disclosure information under Article 9(1)5 and 7 of the Information Disclosure Act. A) If each of the instant information is disclosed, there is a concern for an excessive type of demonstration by persons with a negative view about animal testing, and there is a concern for causing fears and incompetences to many unspecified patients and visitors visiting the Defendant, and causing unnecessary and non-productive controversy regarding animal testing, thereby significantly hindering the operation of animal testing facilities in the future.

(B) particularly information 1-III (Standard work note).