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(영문) 춘천지방법원 2014.09.26 2013구합1605

행정종결처분결정취소

Text

1. The part of the claim for revocation of the disposition on the existence of information in the instant lawsuit and the part of the claim for confirmation of abuse of authority shall be dismissed respectively.

2...

Reasons

1. Details of the disposition;

A. On August 21, 2012, the Plaintiff filed a claim for information disclosure with the Defendant on August 21, 2012: (a) the details and specifications of the instant project, ② the instant project-related plan drawings; (b) the schedule for each section, such as the completed section and the scheduled section of the construction; and (c) the project contract between Chuncheon and Chuncheon Pream-L Co., Ltd (hereinafter “Scheon Pream-L”), in relation to the instant project contract; and (b) the disclosure of information on each section, such as the contract, agreement, conditions of permission, performance, project objectives, the total amount of the project related to the operating guidelines after the implementation of the project, and the total amount of each section, etc., in the form of a copy output.

B. On August 22, 2012, the Defendant deemed that all or part of the information subject to the above request for disclosure of information is related to a third party, and notified the Plaintiff of the Plaintiff’s request for disclosure of information to the Korea Environment Corporation, which is the project executor of the instant project, pursuant to Article 11(3) of the former Official Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “former Information Disclosure Act”).

C. On August 23, 2012, Chuncheon clean water path made a non-disclosure request to the Defendant on the ground that “The fair performance of duties may substantially interfere with the fair performance of duties pursuant to Article 9(1)5 and 7 of the former Information Disclosure Act, and the disclosure of management and business is likely to interfere with legitimate interests in the event of disclosure.” The Plaintiff’s information request is irrelevant to the inevitable civil complaints due to the lack of public interest, and the Plaintiff’s intent to request information is deemed to have arisen from the non-refluence and bad faith of the party project lacking public interest.”

The chief of the Korea Environment Corporation headquarters of Seoul Metropolitan area shall be the defendant on August 30, 2012, and the parties to the Convention on the Confidentiality Clause 1, Chapter 85(1) of Chapter 14 of the Agreement shall be the parties to the Agreement.