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(영문) 청주지방법원 2015.11.26 2015구합795
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 October 23, 2014, the Plaintiff filed a claim with the Defendant for disclosure of information on the certificate of performance submitted with the qualification for participation and quantitative evaluation documents among the tender documents submitted by the United Nationscom for the selection of a service company that was selected as a service company (hereinafter “Ncom”) in relation to the selection of a service company by proxy (e.g., opening or closing of the meeting), but the Defendant rendered a non-disclosure decision on October 30, 2014 on the ground that the above information constitutes “business secrets” under Article 9(1)7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

B. Accordingly, the Plaintiff filed an objection with the Defendant on October 31, 2014, but the Defendant dismissed the said objection on November 7, 2014 following deliberation by the Information Disclosure Council. The Plaintiff filed an administrative appeal with the Chungcheongbuk Provincial Administrative Appeals Commission on November 7, 2014, but the said claim was dismissed on December 29, 2014.

C. On June 11, 2015, the Plaintiff filed a claim with the Defendant for the disclosure of information on the information listed in attached Form 1 (hereinafter “instant information”), including the information previously requested for the disclosure of information, etc., and the Defendant rendered a decision not to disclose the instant information on June 19, 2015 on the ground that the instant information constitutes “business secrets” under Article 9(1)7 of the Information Disclosure Act.

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1-1, 2, and Eul evidence 1-4, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the data that is generally disclosed in relation to the selection of service providers for opening, closing, opening, holding, and sending the 52th Chungcheongbuk-do’s sports meets as well as the documents submitted by the UNcom at the bidding stage, and cannot be deemed as business secrets. Furthermore, it is necessary to confirm that the UNcom submitted a forged performance certificate, etc. and submitted it.

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