logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.09.04 2015구합50139
정보공개거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a creditor who acquired an executive title by filing a lawsuit, such as the return of a loan, or filing an application for a payment order, against Nonparty B and Nonparty 79 (see, e.g., the Plaintiff’s complaint of this case) (hereinafter “debtor”).

B. On March 15, 2015, on the basis of the above executive title, the Plaintiff filed a claim for disclosure of the information on the above debtor’s “information on income tax, corporate tax, inheritance tax, gift tax, comprehensive real estate holding tax, value-added tax, individual consumption tax, liquor tax, stamp tax, gift tax, securities transaction tax, traffic tax, special tax for rural development, details of withholding tax, details of refund of value-added tax, etc.” (hereinafter “instant

C. On March 19, 2015, the Defendant rejected the Plaintiff’s request for disclosure of information on the grounds that “the instant tax information is subject to non-disclosure under Article 9(1)1 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) and Article 81-13(1) of the Framework Act on National Taxes.”

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s alleged tax information does not constitute “data submitted by a taxpayer to meet the tax liability under the tax-related Acts or data acquired on business to impose and collect national taxes” under Article 81-13(1) of the Framework Act on National Taxes, and should be disclosed unless it falls under the information subject to non-disclosure under any subparagraph of Article 9(1) of the Information Disclosure Act.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. Article 9(1)1 of the Information Disclosure Act provides that any information, which is classified as confidential or confidential matters by other Acts, may not be disclosed. According to the main sentence of Article 81-13(1) and Article 81-13(3) of the Framework Act on National Taxes, a tax official shall be the proviso to Article 81-13(1) of the Framework

arrow