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(영문) 서울행정법원 2019.10.18 2018구합88210
정보공개거부처분취소
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. On September 1, 2015, the Plaintiff was appointed as a director of B(hereinafter referred to as “B”) by the President.

From October 17, 2017 to November 9, 2011, the Board of Audit and Inspection shall conduct a specific audit on the actual status of the use of 11 business promotion expenses by 11 directors of B institutions from September 17, 2017, and on November 24, 2017, the Board of Audit and Inspection notified the Defendant of the result of the audit that the Plaintiff “the Plaintiff has executed the business promotion expenses for KRW 23,981,000 for 254 times from September 1, 2015 to August 31, 2017 and executed KRW 3,273,000 for private purposes, and it has failed to submit or vindicate documentary evidence proving the relationship of duties, such as recommendation for dismissal or removal of directors for private use.”

(No. 1 and No. 23). Accordingly, on December 27, 2017, the Defendant held the Korea Communications Commission as a closed meeting (Evidence No. 3) and decided to recommend the Plaintiff to dismiss the Plaintiff under the name of “case of recommendation to dismiss a director of a B institution” (No. 3), and on December 29, 2017, the President dismissed the Plaintiff from office as a director of a B institution.

B. On August 30, 2018, the Plaintiff filed a claim with the Defendant for the disclosure of information on the “Protocol of Deliberation (Meeting) on the Removal Recommendation of Directors of the Agency B” on December 27, 2017.

(A) Article 9(1)5 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), Article 13(4)3 and 4 of the Act on the Establishment and Operation of the Korea Communications Commission (hereinafter “Korea Communications Commission Act”), the rules on the meeting operation of the Korea Communications Commission, which are the Korea Communications Commission’s regulations, (hereinafter “Rules”).

(3) In accordance with Article 9(1)(3) and (4), and Article 20(2) of the Act, the term "the meeting minutes" or "the meeting minutes of this case" or "the meeting minutes of this case.

record the decision-making process.

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