1. On March 15, 2016, the Defendant’s decision to revoke the Plaintiff’s non-disclosure of information on the information stated in the attached list.

2...

1. On March 9, 2016, the Plaintiff filed a claim with the Defendant for disclosure of the information indicated in the attached list (hereinafter “instant information”). However, on March 15, 2016, the Defendant rendered a non-disclosure decision on the ground that the instant information constitutes information subject to non-disclosure under Article 9(1)5 and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

(hereinafter “instant disposition”). 2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant information pertaining to the business for which the conclusion of the contract has already been completed is not related to a tendering contract, but does not interfere with the Defendant’s fair performance of his/her duties, even if it is disclosed, it does not constitute information subject to non-disclosure under Article 9(1)5 of the Information Disclosure Act. 2) The Defendant does not constitute information subject to non-disclosure under Article 9(1)7 of the Information Disclosure Act, as it does not constitute “corporation,” and the instant information does not constitute trade secrets, and thus does not constitute information subject to non-disclosure under Article 9(1)7

3) 건설업체는 이 사건 정보와 관련이 없으므로 정보공개법 소정의 제3자로 볼 수 없을 뿐 아니라 제3자가 비공개요청을 한다는 사유만으로 정보공개법상 비공개사유에 해당한다고 볼 수 없다. 나. 관계 법령 ▣ 공공기관의 정보공개에 관한 법률 제9조(비공개 대상 정보 ① 공공기관이 보유ㆍ관리하는 정보는 공개 대상이 된다.

Provided, That the following information may not be disclosed:

5. Information pertaining to audit, supervision, inspection, test, regulation, tendering contracts, technology development, and personnel management, or information in decision-making processes or internal-review processes, etc., which, if disclosed, has considerable grounds for remarkably obstructing the fair performance of duties or research and development;