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(영문) 서울행정법원 2016.05.12 2015구합10964
정보공개결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On August 17, 2015, the developments of the instant disposition: (a) filed a request with the Defendant for the disclosure of information on “the details of fees paid or scheduled to be paid by the Defendant from 2012 to 2014; and (b) on September 8, 2015, the Defendant rendered a decision on the disclosure of information on “the details of appointment of an attorney at the Ministry of Environment from 2012 to 2014” on the grounds that the said information constitutes information on budget expenditure of a public institution and cannot be deemed as infringing on a third party’s trade secret.

B On August 26, 2015, the Defendant filed a request for the disclosure of information on “the number of advisory cases assigned to the pump, the name of the assigned pump, the fee for each case, etc.” with the Defendant from January 1, 2011 to July 31, 2015, and the Defendant made a decision on the disclosure of information on “the details of advisory cases, including the attorney-at-law and the advisory lawyer, etc., of the Ministry of Environment” on the grounds as stated above on September 16, 2015.

(2) The Plaintiff’s information pertaining to the information pertaining to the Plaintiff among the information disclosure decisions dated September 8, 2015 and September 16, 2015, constitutes information subject to non-disclosure under the Act on the Disclosure of Information by Public Institutions (hereinafter “Information Disclosure Act”), and the Plaintiff’s information pertaining to the Plaintiff subject to disclosure of the instant disposition is “information of this case” and “information of this case”). [The Plaintiff’s assertion as to whether the instant disposition is legitimate or not, constitutes information subject to non-disclosure under the Act on the Disclosure of Information by Public Institutions (hereinafter “Information Disclosure Act”), and the instant disposition of this case should be revoked as unlawful.

The pertinent information pertaining to the information subject to non-disclosure under Article 9(1)4 of the Information Disclosure Act includes not only the information related to the trial currently in progress, but also the information that could specifically affect the hearing, etc. of the trial in case of search, etc. on the Supreme Court website.

Therefore, the instant information is underway.

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