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(영문) 서울행정법원 2018.04.05 2017구합60888

정보공개결정부작위위법확인

Text

1. On April 25, 2017, the Defendant rendered a decision not to disclose each information indicated in attached Table 1, which was issued to the Plaintiff on April 25, 2017.

Reasons

1. Details of the disposition;

A. On January 2, 2017 and February 22, 2017, the Plaintiff filed a claim to the Defendant for disclosure of information on “the minutes of the board of directors’ meeting in the 2015, the 2016,” “the minutes of the board of directors’ meeting in the 2015, the year 2015, and the budget execution details of the board of directors’ meeting in the 2016,” etc.

B. On April 25, 2017, the Defendant: (a) disclosed the minutes and stenographic records of the board of directors; and (b) “the minutes and stenographic records of the board of directors’ meeting (the monthly frequency from January 2015 to February 2, 2017)” respectively; and (c) made a decision of non-disclosure on the ground that the “data and stenographic records of the board of directors non-disclosure” constitutes information subject to non-disclosure under Article 9(1)5 and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) on the grounds that the information pertaining to personnel management or business secrets constitutes information subject to non-disclosure under Article 9(1)5 and 7 of the Official Information Disclosure Act (the grounds for non-disclosure of each information are as stated in the “non-disclosure grounds”; and (d) “data related to business promotion expenses of the board of directors”

C. The Plaintiff filed the instant lawsuit in the course of disputing the foregoing non-disclosure decision. The Defendant submitted evidence (Evidence No. 5-1) regarding the “date and time,” “purpose of payment, amount,” and “execution place,” arranged in the instant litigation procedure as “the execution details of the secretariat of the board of directors in 2015 and 2016.” The “date and time” indicated only the date of use excluding the date, and the “place of execution” dealt with the portion exceeding the three letters as attached Table.

The plaintiff asserts that the date of use and the details of budget execution indicated by both the recipient are disclosed, and finally seek the revocation of each part of the information indicated in the attached Table 1 (hereinafter referred to as the "disposition in this case") in the decision of non-disclosure.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, and Eul evidence 5.