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(영문) 서울행정법원 2015.12.03 2015구합67083
정보공개거부처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On May 26, 2015, the Plaintiff requested the Defendant to disclose information listed in the following table.

[Information on Lone Star Claim Amount and its Details] ICS ISD which was brought against the Government of the Republic of Korea by lsF-KEB, etc. on the Republic of Korea Government of the Republic of Korea, ICS (ICSID CA) No. ARB/12/37) the actual total amount and details of the claims claimed by the Claimant, or a document stating such information (not required to disclose confidential information, etc. subject to an order to maintain confidentiality by the arbitral tribunal).

B. On June 3, 2015, the Defendant notified the Plaintiff that “the actual total amount of claims requested by the applicant of the disclosure shall be disclosed, and the remaining information (the same as the information in the attached list; hereinafter “instant information”) may affect the arbitration judgment, and disclosure of specific matters is likely to affect the arbitration judgment, and unilaterally disclosure of the documents related to the arbitration judgment is an exceptional case in the investment agreement arbitration, and thus, it is likely that diplomatic disputes may arise and thus, the Defendant decided not to disclose the information pursuant to Article 9(1)2 and 4 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

(C) The part of the Defendant’s decision to disclose the information pertaining to June 3, 2015 to the public (hereinafter “instant disposition”).

Then, on June 29, 2015, the Plaintiff filed the instant lawsuit against the Defendant seeking revocation of the instant disposition. On August 7, 2015, the Defendant notified the Plaintiff that the instant disposition was revoked ex officio and the instant information was disclosed.

The grounds for ex officio revocation and disclosure of information revealed by the Defendant are as follows:

1. The amount of damages claimed in the hearing of the second hearing as of July 7, 2015 is determined in the progress of the arbitral proceeding on the grounds for revocation of non-disclosure, or the amount of damages claimed in the hearing of the second hearing as of July 7, 2015.

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