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(영문) 서울행정법원 2018.04.26 2017구합73563
정보공개거부처분취소
Text

1. The Plaintiff’s name on June 26, 201, stating that “the members present at the Business Deliberation Committee shall belong to and list of the Review Committee.”

Reasons

1. Details of the disposition;

A. On April 6, 2016, the consortium comprised of Han-gu Co., Ltd. (hereinafter “Korean”) was selected as a priority bidder on the development project for the Gwangju-gu Parking Site (hereinafter “instant development project”) in which the Defendant recruited a business operator, and was conducting negotiations with the Defendant. Accordingly, the agreement on the promotion of the project was derived.

On August 2, 2016, the Defendant notified the above consortium that the project promotion agreement (hereinafter “instant project promotion agreement”) was rejected by the Defendant’s project deliberation committee (hereinafter “project deliberation committee”) on July 27, 2016 and concluded negotiations.

In this regard, the civil litigation is continuing at issue as to whether the above consortium and the defendant agree with the intent to the project implementation agreement(s).

(Seoul High Court 2017Na203284).(b)

On May 25, 2017, the Plaintiff, an employee of Korea-M, requested the Defendant to disclose information on all of the deliberations committee members’ positions and lists, the results of deliberation by deliberation committee members, and the documents related to deliberation. On May 30, 2017, the Defendant disclosed the results of deliberation and the records of deliberation (Minutes) and made a decision not to disclose the list belonging to the Deliberation Committee and the list present.

Accordingly, on June 26, 2017, the Plaintiff filed a request for disclosure of information with respect to “the member belonging to the deliberation committee and the list of the members who attended the instant business deliberation committee” (hereinafter “instant information”), and the Defendant rendered a disposition refusing disclosure on the ground that the instant information constitutes information subject to non-disclosure under Article 9(1)5 and 6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) on the grounds that the disclosure of the instant information to the Plaintiff is likely to seriously undermine the fairness and objectivity of duties of the business deliberation committee, and that the disclosure of the instant information is likely to infringe on an individual’s privacy or freedom.

[Ground of recognition] dispute.

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