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(영문) 서울행정법원 2019.09.05 2018구합89879

정보공개거부처분취소

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1. A disposition rejecting the disclosure of information that the Defendant issued to the Plaintiff on November 16, 2018 regarding the information listed in the separate sheet No. 1.

Reasons

Details of the disposition

On November 6, 2018, the Plaintiff came to know that “C” organized by the Vice-Chairperson of the Association B by the Ministry of Health and Welfare was “C,” and that “the Defendant shall make a report to the public.” On November 6, 2018, the Plaintiff requested the Defendant to disclose the information listed in the attached list 1 (hereinafter “instant information”) via an information and communications network in the form of electronic file.

Pursuant to Article 9(1)2 and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) on November 16, 2018, the Defendant rendered a decision on the Plaintiff’s request for information disclosure on the ground that the instant information constitutes information pertaining to national security, national defense, unification, diplomatic relations, etc., and, if disclosed, is likely to seriously undermine the national interest. The information pertaining to the management and business secrets of corporations, organizations, or individuals, which, if disclosed, may seriously undermine their legitimate interests, constitutes information subject to non-disclosure, and thus, notified the Plaintiff thereof.

(2) The Plaintiff filed an objection to the instant disposition on the same day, stating that “The instant information is not about national security, national defense, unification, diplomatic relations, etc., but about the existence of a corporation whose legitimate interest is infringed upon even if it is disclosed.” However, at that time, the Defendant rejected the Plaintiff’s objection to the purport that the instant information should not be disclosed as information corresponding to the diplomatic activity as information corresponding to the diplomatic activity by the State agency’s declaration of intent to the international organization.

[Ground of recognition] A. A. A. Evidence Nos. 1 and 2 (including additional numbers), Eul’s evidence Nos. 1 and 2, and the overall purport of the pleading is legitimate.