2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is a spouse of the network B (hereinafter referred to as “the network”) who was diagnosed as an acute lefymosis during work at the Samsung Electronic Co., Ltd. (hereinafter referred to as “Tsung”) and died on August 1, 2014.

B. On October 6, 2014, the Plaintiff filed a claim against the Defendant for the disclosure of information with the following content.

The results of a special health examination report (hereinafter referred to as "information") on the results of a medical examination report (hereinafter referred to as "information") at the Samsung Electronic Onnuri Factory, the work environment measurement report (hereinafter referred to as "information ①") at the time when the deceased worked (1986 - 2014) and the general health examination report (hereinafter referred to as "information") at the time when the deceased worked.

C. On October 30, 2014, the Defendant rendered a decision not to disclose the information to the Plaintiff on the ground that: (a) the information constitutes information subject to non-disclosure under the main sentence of Article 9(1)7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”); (b) the information constitutes “information with respect to management and trade secrets, which, if disclosed, could seriously harm legitimate interests of corporations, etc.; and (c) the information was determined not to disclose the information on the ground of “non-existence of information”; and (c) the information was decided not to disclose the information from around 2009 to 2014, where the preservation period (five years) has not elapsed.

D. On January 28, 2015, the Plaintiff appealed and filed a petition with the Central Administrative Appeals Commission for an adjudication on the performance of information disclosure regarding information ①, and the Central Administrative Appeals Commission rendered a ruling to the effect that the Central Administrative Appeals Commission disclosed information falling under the matters listed in the attached Table 1 among the information ①.

E. Accordingly, on November 13, 2015, the Defendant implemented the Plaintiff’s disclosure of information ① (hereinafter referred to as “instant information” with the exception of the part indicated in the attached list No. 1 among the information, and the Defendant’s refusal to disclose the instant information was the instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 11 to 13, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The parties' assertion

1) The plaintiff's assertion

This case’s information does not constitute “management and business secrets that significantly undermine the legitimate interests of corporations, etc.” due to the disclosure thereof under Article 9(1)7 of the Information Disclosure Act. Even if it falls under the case’s domestic affairs, it is very important to ensure the safety rights and health rights of the former and incumbent workers of the relevant workplace, such as the Deceased, as well as to ensure the safety and health rights of the former and incumbent workers of the relevant workplace, and it is directly related to safety and health of the residents living in the workplace, and thus, the instant disposition is unlawful because it constitutes “information that needs to be disclosed in order to protect human life, body, or health from risks arising from the business activity” under Article 9(1)7(a) of the Information Disclosure Act, which is an exception to disclosure refusal.

2) The defendant's assertion

A) The working environment measurement report containing the instant information constitutes a trade secret of a corporation, the protection value of which includes very important information on the production of semiconductors, such as chemicals used in semiconductor process, process days-out and installation limits, number of workers, kinds and quantity of used chemical substances, and major constituent elements, through research and development of Samsung electronics for a long time, and thus, constitutes a trade secret of a corporation, the disclosure of which would considerably prejudice the legitimate interests of the corporation, if disclosed.

B) Since the Deceased did not work in the process subject to working environment measurement since 1998, there is no content of the result of working environment measurement of the production facility sets employed by the Deceased, and it does not constitute an exception to the proviso of Article 9(1)7 of the Information Disclosure Act.

B. Relevant statutes

Attached Form 2 shall be as listed in attached Table 2.

C. Determination

1) Relevant legal principles

In light of the fact that 'right to know', i.e., freedom to collect and process information is a right directly guaranteed by Article 21 of the Constitution because it shares the nature of right to freedom and right to claim, i.e., freedom to disclose information held and managed by public institutions in principle pursuant to Article 3 of the Information Disclosure Act, and Article 9 of the Information Disclosure Act explicitly requires disclosure of information held and managed by public institutions, i.e., the principle of information disclosure., disclosure of information should be disclosed unless it falls under exceptional reasons for non-disclosure as provided by each subparagraph of Article 9(1) of the Information Disclosure Act. Even if such disclosure is refused, it shall be determined specifically by examining the contents of the information, and it shall be proved that the above part conflicts with the legal interests of the public or fundamental rights and, in light of the legislative purpose and purport of the Act, ensuring the citizen's right to know and securing transparency in national affairs, and whether the above provision is an exception to the disclosure of information, such as the disclosure of information for non-disclosure purposes and the disclosure of information should be strictly interpreted (see, 2001).

2) Article 9(1)7 main sentence of the Information Disclosure Act

A) The following facts are acknowledged in light of the overall purport of the pleadings in the descriptions of Gap evidence Nos. 12, 13, and 17 (including branch numbers, if any), Eul evidence Nos. 3 and 4.

(1) The instant information, among the report on the result of the work environment measurement, includes the results of measurement [the harmful person, the highest level of measurement], I, the results of a preliminary investigation [the actual condition of the measurement of harmful factors (location and process, harmful factor, harmful factor, number of workers), and the use of chemicals by process], III. Working environment measurement results [the degree of harmful factors measured by unit work place], ② the working environment measurement results by unit work place (excluding noise) or process, ② the unit work place, number of workers, measuring location, harmful factor, measuring value, ③ the working environment measurement results by unit work place (noise), department or process, unit work place, measuring location], and the comprehensive opinion.

(2) Of the instant information, the results of the preliminary investigation can be identified as follows: Ⅱ. The results of the preliminary investigation [the measurement plan (location and process, number of workers) by work environment and harmful factor] Ⅲ. Work environment measurement plan by work unit (i) the degree of harmful factor measurement by work unit work site, ② the department or process of the work environment measurement by unit work site (excluding noise), the unit work site, the number of workers, the location of measurement, ③ the department or process of the work environment measurement by unit work site (noise), the unit work site (noise), the unit work site, the unit work location), and the location of measurement].

(3) Of the instant information, the results of the report on the result of the “work environment measurement” [the harmful seal, the highest value], I. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P

(4) Among the instant information, “IV. General Opinion” includes the information on the arrangement of each process, the arrangement of equipment, and the kind, use, and components of the chemical used in each process.

B) In full view of the following circumstances, in light of the above facts acknowledged and Gap evidence Nos. 8, 9, and 10 and the purport of the entire pleadings, the instant information constitutes a trade secret of Samsung Electronic. Moreover, if such information is disclosed, it is deemed that the information of this case constitutes information subject to non-disclosure as prescribed by Article 9(1)7 of the Information Disclosure Act, since the information on the production capacity of Samsung Electronic is leaked, or is used by a trader or competitor, thereby undermining the competitiveness of Samsung Electronic, thereby significantly impairing its legitimate interests.

(1) For the purpose of holding technology and production capacity developed in the Republic of Korea as a semiconductor company with a maximum domestic scale, Samsung Industries has studied issues such as arrangement of semiconductor production processes, arrangement of facilities, and selection of equipment and machinery type, kinds of chemical substances used, usage, disposal, and so on.

(2) Even if such information is partially disclosed through a semiconductor workplace risk assessment procedure, all information, such as arrangement by process, facility type, chemical substance, etc., of Samsung Electronic Climate Plant, is not disclosed to the general public.

(3) The instant information is included in the report on the results of all working environment measurement prepared by the Deceased during the entire period of his/her service in Samsung Industries. As such, all chemical substances, facilities, and process arrangement, etc. that he/she produced and handled semiconductors in the solar plant of Samsung Industries, are the total network. The disclosure of such information, and production information and research outcomes accumulated for a multi-year period of Samsung Industries, which have been disclosed, shall be disclosed together to the general public without being subject to any protective measure.

(4) In the case of the instant information acquired by the Defendant, the determination of whether to disclose the information that is not directly related to the Defendant should be made by comparing it with the public interest and the disadvantages that Samsung Industries would have to receive. In the case of a general company, it is necessary to recognize the existence of legitimate interests wide compared to a public corporation with strong need for surveillance by the public.

(5) If the instant information is disclosed to the general public for the citizen’s right to know, there is no separate procedure or method to minimize disadvantages in management to be suffered by Samsung Electronic, the subject of disclosure.

3) Whether it falls under subparagraph 9(1)7(a) of the Information Disclosure Act

In full view of the following circumstances, it is difficult to see that the instant information constitutes information that requires disclosure in order to protect the lives, bodies, and health of persons provided for in the proviso of Article 9(1)7 (a) of the Information Disclosure Act, in view of the overall purport of the oral argument as seen earlier.

(a) Information that is necessary to be disclosed to protect the lives, bodies or health of people from risks arising from business activities may be related information to prevent in advance harm caused by drug addiction, etc. or to prevent further danger and injury.

B) Pursuant to Article 40(1) of the Public Notice on the Working Environment Measurement and the Evaluation, etc. of Designated Institutions (Ministry of Employment and Labor Notice No. 2016-39, Aug. 16, 2016), an employer shall notify workers of the relevant workplace of the result of working environment measurement that includes the instant information on “1. Method of posting it in a bulletin board within the workplace; method of posting it in a private bulletin; 2. Method of posting it in a private bulletin; 3. Method of collective training in which the relevant workers can know the result of working environment measurement; 4. Method of notifying the relevant workers of the result of working environment measurement; and the representative of workers requests the notification of the result of working environment measurement or evaluation, he/she shall faithfully comply therewith. Therefore, in accordance with the Occupational Safety and Health Act that aims to establish the standards for industrial safety and health and to maintain and promote the safety and health of workers by preventing industrial accidents by clarifying the location of the responsibility and to create a pleasant working environment.

C) The purpose of utilizing the lawsuit, etc. on the grounds of industrial accidents, such as the Plaintiff

In all cases, if necessary, the method of acquiring the information of this case is prepared through the investigation of evidence.

D) The Plaintiff asserts that it is necessary to disclose information to protect the lives, bodies, or health of residents living in the vicinity of Samsung Electronic Climate Plant. However, the Plaintiff’s materials submitted by the Plaintiff alone are insufficient to recognize as an exceptional ground for disclosure of confidential information solely on the abstract possibility that such materials may threaten the lives, bodies, or health of residents.

4) Sub-committee

Therefore, the instant disposition rejecting disclosure on the ground that the instant information constitutes information subject to non-disclosure is lawful.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Kim Jong-ho

Judges Han Han-han

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.