beta
(영문) 수원지방법원 2016.11.30 2015구합2957

정보공개청구비공개결정취소

Text

1. On September 10, 2015, the Defendant rendered a non-disclosure decision against the Plaintiff on September 10, 2015, as indicated in the attached list Nos. 1, 2, 4, and 4.

Reasons

1. Details of the disposition;

A. On September 2, 2015, the Plaintiff requested the Defendant to disclose the information listed in the separate sheet.

B. On September 10, 2015, based on Article 9(1)7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), the Defendant rendered a non-disclosure decision on the following grounds: (a) the information described in Article 9(1)1, 2, 3, and 5 of the [Attachment List on the ground that “where information pertaining to the internal management, etc. of a non-governmental organization or non-profit corporation is disclosed to the public (for example or at risk), the disclosure of the information is likely to seriously undermine the legitimate interests of the corporation, etc.; and (b) the disclosure is not possible.”

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Part concerning claims for revocation of non-disclosure decision regarding the information listed in [Attachment 1, 2, 4, and 5]

A. Since there is no dispute between the parties that the Defendant disclosed the information listed in the attached Tables 1, 2, 4, and 5 to the Plaintiff after the instant lawsuit was pending, the Plaintiff has no legal interest in dispute over the disclosure of information in this part.

B. Therefore, the part of the instant lawsuit seeking revocation of the non-disclosure decision of the information set forth in the attached Tables 1, 2, 4, and 5 among the decision of non-disclosure on September 10, 2015 by the Defendant against the Plaintiff is unlawful.

3. Part concerning claims for revocation of non-disclosure of information listed in paragraph (3) of the attached list

A. “Management secrets of a corporation, etc., which are subject to non-disclosure” under Article 9(1)7 of the Information Disclosure Act refer to all information pertaining to business activities that are advantageous to the disclosure of others or all confidential information pertaining to business activities. Whether disclosure is made or not shall be determined depending on whether there is a legitimate interest to refuse disclosure, and whether there is a legitimate interest to determine whether there exists a legitimate interest.