beta
(영문) 서울행정법원 2013.07.23 2012구합29356

정보공개거부처분취소

Text

1. Of the instant lawsuit, the part concerning the claim for revocation of a disposition rejecting the disclosure of information pertaining to the information listed in Section 2(b) of the attached Table 1.

Reasons

1. Details of the disposition;

A. The Plaintiff is a doctor who establishes and operates B (hereinafter “instant hospital”).

B. On November 1, 2011, the Defendant issued a notice disposition of KRW 99,818,448 (hereinafter “instant notice disposition”) to the Plaintiff on the ground that “the Plaintiff evaded comprehensive income tax by fraud and other unlawful means from 2007 to 2010.”

In addition, on December 1 of the same year, the director of the distribution tax office imposed a total of KRW 313,261,311 on the Plaintiff on the ground that he/she reported the omitted income amount.

(hereinafter “instant taxation disposition”). C.

On May 31, 2012, the Plaintiff requested the Defendant to disclose each information listed in attached Table 1 List 1(1).

On June 11, 2012, the Defendant disclosed the former end of the Plaintiff and the documents showing the grounds of taxation on the instant hospital’s title store among the above information.

However, the Defendant rendered a non-disclosure decision on the information described in paragraph (2) of the same list on the ground that the information described in Paragraph (2) (hereinafter “unowned information”) was not either officially prepared or acquired, on the ground that the information described in Paragraph (a) and (c) contains taxation content at other branches of the instant hospital, and constitutes non-disclosure information as stipulated in Article 81-13(1) of the Framework Act on National

(See Evidence No. 24, hereinafter referred to as “the primary disposition of this case”). E.

On June 15, 2012, the plaintiff raised an objection against this.

However, on the 22th day of the same month, the Defendant rendered a decision to dismiss the Plaintiff’s objection on the grounds that the above information constitutes non-disclosure information under Article 9(1)1 of the Official Information Disclosure Act and Article 81-13(1) of the Framework Act on National Taxes, as taxation information acquired on duty to impose and collect national taxes.

F. The Plaintiff, on June 23, 2012, shall provide the Defendant with information specified in attached Table 3.