The Defendant’s Intervenor’s Intervenor’s Intervenor’s corrective measures against the illegal building of the Intervenor (hereinafter “ Intervenor”) illegally extended the 75.23 square meters of permanent C plant (hereinafter “instant factory”) without filing a construction report on around 2013.

On June 2018, the defendant confirmed the above illegal extension and ordered the intervenor to voluntarily correct the illegal extension pursuant to Article 79(1) of the Building Act. On September 2018, the defendant confirmed that the intervenor removed the illegal extension in accordance with the above corrective order.

On January 25, 2019, the Plaintiff filed a request for disclosure of information and the Defendant’s non-disclosure disposition with a view to verifying the lack of resolution of problems regarding the illegal extension of the factory of this case, and requesting disclosure of the information listed in paragraph 2 of the attached Table 1 (hereinafter “Information No. 1”) and the information listed in paragraph 1 of the same Table (hereinafter “Information No. 2”) as indicated in paragraph 1 of the attached Table 1 (hereinafter “Information No. 1”).

(hereinafter “instant claim”. The Defendant requested the Intervenor to present his opinion on the instant claim pursuant to Article 11(3) of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”). The Intervenor made a non-disclosure request on the grounds that the Intervenor’s trade secrets are included in each of the instant information.

The Defendant rendered a non-disclosure disposition against the Plaintiff on February 11, 2019, on the ground that each of the instant information is “information pertaining to the Intervenor’s management and trade secrets, which, if disclosed, could seriously harm the Intervenor’s legitimate interest” under Article 9(1)7 of the Information Disclosure Act.

(hereinafter referred to as “instant disposition” means that on February 18, 2019, the Plaintiff seeks to protect the safety of permanent citizens from toxic gases by confirming whether each of the instant information is not trade secrets, but is permitted by law as to whether manufacturing facilities of toxic gases are installed.