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(영문) 서울행정법원 2016.12.16 2016구합68984

정보공개거부처분취소

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1. The Defendant’s decision to disclose information to the Plaintiff on May 16, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On January 13, 2012, 201, the Seoul Southern District Court rendered a judgment against the Plaintiff on January 2013, 2012, where 156 employees of both companies including the Plaintiff (hereinafter “ Both companies”) filed a lawsuit, such as nullification of dismissal, against both companies.

Plaintiff

The above judgment of the court of first instance was appealed, and the Seoul High Court revoked the above judgment of the court of first instance as of February 7, 2014 and sentenced the plaintiff's winning judgment.

The two automobiles filed an appeal against the above appellate judgment, and the Supreme Court rendered a judgment of reversal and transmission as of November 13, 2014, and the Seoul High Court (Seoul High Court Decision 2014Da20875) rendered a judgment dismissing the appeal by the Plaintiff, etc. as of May 27, 2016.

Accordingly, on July 12, 2016, the Plaintiff et al. appealed to the Supreme Court No. 2016Da29944, but the Supreme Court dismissed the Plaintiff et al.’s appeal on September 28, 2016.

(hereinafter referred to as "relevant civil procedure"). (b)

On the other hand, on February 19, 2014, after the judgment of the appellate court for the reversal, transmission, and transmission, the Financial Supervisory Service drafted a document (hereinafter “instant information”) stating “the analysis and review of the judgment related to the second instance of the lawsuit for the invalidation of dismissal of a pair of motor vehicles company” (hereinafter “instant information”).

C. On April 30, 2016, the Plaintiff requested the Defendant to disclose the instant information.

On May 16, 2016, the Defendant: (a) pursuant to Article 9(1)4, 5, and 7 of the Official Information Disclosure Act (hereinafter referred to as the “Information Disclosure Act”) on the ground that the disclosure of the supervision report prepared by the Financial Supervisory Service may seriously hinder the fair performance of supervision, and the report includes information corresponding to the business secrets of the company subject to supervision; and (b) the report includes information related to the currently in progress trial and is likely to affect the outcome of the trial or the decision if disclosed.