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(영문) 서울행정법원 2016.01.29 2015구합10544
정보공개거부처분취소
Text

1. The Defendant’s disposition rejecting the disclosure of information against the Plaintiff on July 24, 2015 is revoked.

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

Reasons

Details of the disposition

On June 20, 2014, the Plaintiff filed a lawsuit against Gyeyang-gu Incheon Metropolitan City seeking compensation for lost profits and mental suffering during the period of suspension for the reason that the Gyeyang-gu Incheon Metropolitan City excessively regulated the Plaintiff’s business in violation of equity, the Plaintiff’s business was forced to conclude a contract disadvantageous to the Plaintiff, and thereby the Plaintiff’s management of foul waste collection and transportation business becomes worse and becomes in a state of suspension of business (Yancheon District Court 2014Ga7489).

In the course of the lawsuit for damages, the Plaintiff was in custody of the Safety Administration (amended by the Government Organization Act as Act No. 12844, Nov. 19, 2014; the Ministry of Security and Public Administration changed to the Ministry of Government Administration; and pursuant to Article 34(1) of the amended Act and Article 2(1) of the Addenda of the amended Act and Article 2(1) of the Addenda, the general affairs of the State Council among the affairs of the Minister of Security and Public Administration, the promulgation of statutes and treaties, the promulgation of statutes and treaties, government organizations and quotas, awards and decorations, government innovation, administrative efficiency, personal information protection, management of government office buildings, local autonomy systems, administrative support, finance and taxation of local governments, underdeveloped areas, mediation of disputes among local governments, and support of election or referendum regardless of the name change; hereinafter referred to as the “Defendant”).

7. The result of audit conducted by the Gyeyang-gu Incheon Metropolitan City Office by November 1, 200 (the date of the instruction and supervision of the agency business and the document of administrative processing, such as orders and measures necessary for the vicarious cleaning) shall be referred to as the "information of this case"

(2) On October 7, 2014, the Plaintiff filed an application with the Incheon District Court for the commission of sending documents, and the said court accepted the Plaintiff’s application and entrusted the Defendant with the delivery of documents. On April 6, 2015, the Defendant is “Information Disclosure Act of Public Institutions” (hereinafter “Information Disclosure Act”) to the Incheon District Court.

Article 9 (1) 4 and 5.

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