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(영문) 대구지방법원 2018.09.13 2018구합21431
정보공개거부처분취소
Text

1. On March 16, 2018, the Defendant collected and transported food wastes for the year 2018 against the Plaintiff on March 16, 2018.

Reasons

1. Details of the disposition;

A. The Plaintiff is an employee of Youngsan Industrial Co., Ltd. (hereinafter “Seosan Industrial Co., Ltd.”) and the B of the Public Joint and Several Trade Union.

B. From January 1, 2011, Nonparty Company was entrusted by the Defendant with the collection, transportation, and disposal of food waste generated within the jurisdiction of the Defendant.

C. On November 21, 201, Nonparty Company entered into an agreement with the Defendant on the collection, transportation, and disposal of food waste with the period of agency until June 30, 2020 (hereinafter “instant agreement”). The said agreement stipulates that the Nonparty Company and the Defendant shall enter into a unit price contract for the service unit price each year.

In order to prepare basic data for concluding a unit price contract with a non-party company in 2018, the Defendant requested the Korea Industrial Economic Development Institute (hereinafter “Korea Industrial Economic Development Institute”) (hereinafter “Korea Industrial Economic Development Institute”) to provide services for calculating the cost of collecting, transporting, and disposing of food wastes related to the non-party company. On December 2017, the Defendant received “the report on calculating the cost of collecting, transporting, and disposing of food wastes” (hereinafter “the instant information”).

E. On March 5, 2018, the Plaintiff requested the Defendant to disclose the instant information.

F. On March 16, 2018, the Defendant disclosed to the Plaintiff on the following grounds: “The unit price per capita for the calculation of the collection and transportation cost of food waste disposal in Chapter IV (45 pages), the general cost account statement (54 pages), the general cost account statement (82 pages), the general cost management cost calculation (84 pages), and the annual cost calculation (84 pages) of the cost of food waste disposal in the part of the instant information (the total of 125 pages), but the instant information included the details of the company’s on-site inspection and internal operational (management, performance data), and thus, constitutes a business secret under Article 9(1)7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).”

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