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(영문) 광주지방법원 2019.09.19 2019구단906
정보공개거부처분취소
Text

1. Attached Form among the instant lawsuit

1. The part of the information described in paragraphs 1, 2, 3 and 5 of the list shall be dismissed;

2. The plaintiff.

Reasons

1. Details of the disposition;

A. On October 21, 2016, the Plaintiff owned 20% of the shares of Nonparty B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). On October 21, 2016, the Plaintiff filed a provisional disposition against Nonparty Co., Ltd. for perusal and copy of accounting books, etc. with the Gwangju District Court Branch Decision 2016Kahap1057, and received the said decision on July 6, 2017.

B. After that, the Plaintiff visited Nonparty Company to inspect the accounting books, etc., but the office was not available for perusal.

C. The Plaintiff’s attached Form against the Defendant on April 12, 2019

1. A request for the disclosure of information recorded in the list was made.

On April 22, 2019, the Defendant rejected each disclosure on the grounds that the information listed in Articles 1, 2, 3, and 5 of the [Attachment List No. 4] was not information owned and managed by the Defendant, and that it does not fall under any subparagraph of Article 9(1)1 of the Official Information Disclosure Act, namely, information listed in Articles 81-13(1) proviso of the Framework Act on National Taxes.

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap’s evidence Nos. 1 through 3, and the purport of the whole pleadings

2. As to the information stated in the separate sheet Nos. 1, 2, 3, and 5, the plaintiff asserts that the defendant's possession and management of the information stated in the above Nos. 1, 2, 3, and 5, and that the disposition rejecting the plaintiff's request for disclosure was unlawful, the defendant did not hold the above information.

In light of the fact that the information disclosure system is a system that discloses information held and managed by public institutions, it is sufficient for a person who seeks information disclosure to prove that it is highly probable that the person who seeks information will hold and manage the information that is requested to be disclosed.

However, if a public institution fails to retain and manage the information, it shall seek the revocation of the disposition rejecting the disclosure of information, except in extenuating circumstances.

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