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(영문) 서울행정법원 2019.12.17 2019구합4202
행정정보공개청구거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff served as a director of a stock company B (hereinafter “B”) from May 10, 2006 to December 22, 2008, and was a shareholder of B from January 1, 2006 to January 5, 2009.

On the other hand, B was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 1, 2014, and it was deemed that the liquidation was completed on December 1, 2017.

B. On March 25, 2019, the Plaintiff filed a lawsuit seeking compensation, etc. against C who was the representative director of B (Seoul Central District Court 2019Da1389). On March 25, 2019, the competent division ordered the Defendant to submit taxation information on the information on the information on the information on the tax evasion reporting filed by the Plaintiff. However, on April 22, 2019, the Defendant sent a reply with the content that it is difficult to submit the remaining information except for the financial statements of B on the ground that such information constitutes individual taxation information.

C. On May 23, 2019, the Plaintiff filed a claim with the Defendant for the disclosure of information on each of the documents listed in the separate sheet No. 1 (hereinafter “instant information”).

On June 3, 2019, the Defendant rendered a decision not to disclose the Plaintiff’s request on the grounds that the instant information constitutes information subject to non-disclosure under Article 9(1)1 of the Official Information Disclosure Act and Article 81-13 of the Framework Act on National Taxes (hereinafter “Information Disclosure Act”).

(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. Attached Form 2 of the relevant Acts and subordinate statutes;

3. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff was a shareholder and director of B, and thus, was entitled to know about the facts of unlawful acts, such as C’s tax evasion.

Therefore, although the information of this case is necessary to verify the above facts, the defendant refuses it without reasonable grounds. Thus, the disposition of this case must be revoked in an unlawful manner.

B. Determination 1 Article 9(1) of the Information Disclosure Act

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