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(영문) 서울고등법원 2020.08.19 2020누34010
열람복사 거부처분 취소청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

. We examined whether the prohibition provisions have been violated;

Based on Article 50(1)3 of the Fair Trade Act, the Defendant was requested to provide materials from H Group.

C. On October 8, 2019, the Defendant expressed his opinion on the request from H Group for non-disclosure. On October 11, 2019, the Defendant sent to the Plaintiffs a review report (including the case number I; hereinafter “instant materials”) on the provision of unfair profit and unfair support to the related parties of affiliated companies of the business group G, and made non-disclosure of some of the contents and attached materials of the instant review report.

On October 23, 2019, the Plaintiffs filed an application with the Defendant for perusal or reproduction of the materials, among the materials attached to the review report, as described below, on the ground that they were not served nine documents, and received a decision to disclose or partially disclose such materials from the Defendant on November 4, 2019.

H H H H H H H H H K K K* (hereinafter referred to as the above list) The Defendant, on November 6, 2019, allowed the Plaintiffs to peruse the part of the review report which was closed to the public and the part of which was decided to disclose.

E. The Plaintiffs are entitled to the Defendant on the basis of Article 52-2 of the Fair Trade Act on December 10, 2019.

As stated in the foregoing paragraph, the Defendant applied for perusal or reproduction of “the entire content of the response submitted by H Group to the Defendant,” including the materials that the Defendant decided to disclose to the public, and requested H Group to provide the list of answers and materials submitted to the Defendant on December 23, 2019.

On January 7, 2020, the defendant received a request from H Group for non-disclosure and made a non-disclosure decision as described below on January 28, 2020.

(hereinafter “instant Disposition”). H J H H H H H

F. Upon the filing of the instant lawsuit on February 10, 2020, the Defendant sent a review report to the Plaintiffs on March 16, 2020 without any confidential part, and further sent the review report to the Plaintiffs on May 12, 2020 and on May 2, 2020.

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