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(영문) 서울행정법원 2017.02.08 2016구합77650
정보공개거부처분취소
Text

1. On October 11, 2016, the disposition that the Defendant rendered to the Plaintiff not to disclose information described in the attached Table shall be revoked.

2...

Reasons

1. Details of the disposition;

A. In around 2013, the Financial Supervisory Service (hereinafter “the instant savings bank”) performed an audit and supervision over the audit report prepared by an auditor-based accounting corporation, an auditor, a mutual savings bank (hereinafter “the instant savings bank”). During that process, the instant savings bank and the pertinent auditor were written the questionnaire and the information listed in the separate sheet (hereinafter “instant information”).

B. On October 8, 2016, the Plaintiff filed a claim with the Defendant for disclosure of the instant information. However, on October 11, 2016, the Defendant rendered a decision to disclose the instant information to the Plaintiff pursuant to Article 9(1)1, 4, 5, and 6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) on the ground that the instant information is a confidential or confidential information under other Acts (Article 35(2) of the Act on the Establishment, etc. of Financial Services Commission and Article 9 of the Act on External Audit of Stock Companies). Information related to a pending trial is a document produced in the course of inspection and investigation, such as written answers and confirmations, which may affect the fair performance of duties in the future if disclosed.

C. Meanwhile, on March 5, 2012, the savings bank of this case was declared bankrupt by Gwangju District Court 2012Hahap1, and on November 28, 2014, the Plaintiff filed a claim for damages against the Republic of Korea, the Financial Supervisory Service, and the Ansan Accounting Corporation (Seoul Central District Court 2014Da532182) with respect to the window dressing accounting of the savings bank of this case and the fraudulent audit of the accounting firm related thereto on November 28, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including branch numbers in case of additional numbers), and the purport of the whole pleadings.

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