정보비공개결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff installed a facility with a size of 18.36 square meters on the instant land (hereinafter “instant facility”) around October 1, 2012 as the owner of Ulsan-gun B (hereinafter “B”), Ulsan-gun C orchard 1,087 square meters (hereinafter “instant land”), and around October 1, 2012, the Plaintiff installed a facility with a size of 18.36 square meters on the instant land.
On January 14, 2016, the Defendant issued an order to voluntarily remove the instant facilities within a development restriction zone to the Plaintiff, while the instant facilities constitute a warehouse.
(hereinafter “instant corrective order”). B.
On February 5, 2016, the Plaintiff filed a claim with the Defendant for the disclosure of information as to the information listed in the separate sheet No. 1 (hereinafter “instant information”). On February 17, 2016, the Defendant rendered a non-disclosure disposition on the ground that, “The Plaintiff, on January 1, 2013 through December 31, 2015, is subject to permission for acts (construction permission) pursuant to Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Restriction on Development Restriction Zones”) in the area, but, on the other hand, the Plaintiff constructed a illegally warehouse without obtaining permission, and issued a corrective order pursuant to Article 30 of the same Act; however, the instant information is deemed to significantly undermine the protection of people’s lives, bodies, and property if disclosed pursuant to Article 9(1)3 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).
(hereinafter “instant disposition”). C.
On February 26, 2016, the Plaintiff filed an objection against the instant disposition with the Defendant. However, on March 7, 2016, the Defendant: (a) Article 9(1)3 of the Information Disclosure Act (information that is deemed likely to seriously undermine the protection of the lives, bodies and property of citizens if disclosed) and Article 9(1)6 (information pertaining to individuals, such as name, resident registration number, etc. included in the relevant information, which, if disclosed, could infringe on the privacy or freedom of individuals.