1. On April 10, 2015, the Defendant’s disposition of non-disclosure regarding the information stated in the separate sheet against the Plaintiff shall be revoked.

2...

1. Details of the disposition;

A. On March 19, 2015, the Plaintiff requested the Defendant to disclose the information listed in the attached list (hereinafter “instant information”).

B. On April 10, 2015, the Defendant rendered a decision to keep the instant information confidential (hereinafter “instant disposition”) on the ground that the instant information constitutes “information pertaining to diplomatic relations, etc. and deemed likely to substantially undermine the State’s interest if disclosed,” as prescribed by Article 9(1)2 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Defendant’s information stated in paragraph (1) of the [Attachment List] includes both Korea and the United States of America (hereinafter “U.S.”)’s position data by sectoral dispute point, case analysis data related to infringement of patent rights, copyrights, etc. and the government’s response policies, issues list and revision bills by issue, compromise proposals that may be considered by the two countries, and Pakage List for the remaining issues, etc. The information listed in paragraph (2) of the [Attachment List] includes both specific arguments, response details, and negotiation directions as the draft and amendment to Annex 18 of the Korea-U.S. Free Trade Agreement (hereinafter “Korea-U.S. FTA”).

For example, when the list of collective negotiations by the Korean government appears to be followed, such as the parts to be carried out, compromise, concessionable parts, etc., and the above list is disclosed, the negotiation strategies by the Korean government can be disclosed externally.

Likewise, if the instant information is disclosed, there is a high possibility that the basic position, negotiation strategies, etc. taken by the Korean government at the time of the negotiation of the Korea-U.S. FTA will be published, and negotiations with other countries promoted in the future may be used as negotiation information of other countries.