The costs of appeal are assessed against the defendant.

1. Whether information constitutes information subject to non-disclosure under Article 9(1)5 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) (ground of appeal No. 1)

A. "Information that has considerable grounds to believe that the fair performance of duties would be significantly impeded if disclosed" under Article 9 (1) 5 of the Information Disclosure Act means information that is subject to non-disclosure, in light of the purpose of the information disclosure system under Article 1 of the Information Disclosure Act and the legislative intent of the information subject to non-disclosure under Article 9 (1) 5 of the Information Disclosure Act.

Whether it is a case or not should be carefully determined according to specific cases by comparing and comparing the interests of fairness in the performance of duties protected by non-disclosure and the interests of guaranteeing citizens' right to know, guaranteeing citizens' participation in state affairs and securing transparency in state administration.

(see, e.g., Supreme Court Decision 2009Du19021, Nov. 24, 2011). Meanwhile, if disclosed information on the sole ground that information was obtained from a foreign country or a foreign institution on the premise of non-disclosure, it cannot be readily concluded that such disclosure would seriously interfere with the fair performance of duties.

However, such circumstances are factors to be considered when determining whether there is a significant obstacle to the fair performance of duties, along with the relationship with the information provider, the intent of the information provider, the process of acquiring the information, and the details of the information.

B. The reasoning of the lower judgment reveals the following facts.

(1) The Chinese High Island Publication Limited Corporation (hereinafter “China High Island”) is operated by the Singapore Stock Exchange as a company whose head office is located in Singapore.