정보비공개결정처분취소
1. On April 1, 2016, the Defendant revoked a disposition not to disclose information described in the separate sheet against the Plaintiff.
2...
1. Details of the disposition;
A. The Financial Supervisory Service conducted an investigation into the price manipulation and unfair trading of the shares B Co., Ltd. (formerly before the change: C; hereinafter “instant company”) and discovered suspicion of unjust enrichment due to the price manipulation of D and E, the former representative director, and the financial director, who are the director in charge of the said company.
In the process, the information recorded in the attached list (hereinafter “instant information”) was prepared against F, who had conducted the stock security loan business with the instant company’s stocks.
B. On March 22, 2016, the Plaintiff requested the Defendant to disclose the instant information. However, on March 30, 2016, the Defendant rendered a decision to disclose the instant information to the Plaintiff pursuant to Article 9(1)5 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) on the ground that the disclosure of the instant information as a document produced during the investigation activities of the Financial Supervisory Service would hinder the fair performance of the investigation affairs if disclosed.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Defendant’s assertion of unfair trading is a difficult business that requires high level of expertise, and the officers and employees of the Financial Supervisory Service are not entitled to search and seizure to investigate unfair trading.
As such, if materials such as literature and answers prepared during the investigation are disclosed regardless of the will of the person subject to sanctions in the reality that the investigation of unfair trade depends entirely on the voluntary cooperation of the persons subject to sanctions, the Financial Supervisory Service is unable to obtain voluntary cooperation from the employees of financial institutions, and thus, has a great difficulty in carrying out the investigation.
In addition, the information of this case is disclosed to the public through the information disclosure procedure.