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(영문) 서울행정법원 2016.06.10 2015구합11622
정보공개결정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 25, 2014, the developments leading up to the disposition A filed a claim with the Defendant for disclosure of information (hereinafter “information on a request for disclosure”) on “the details of attorney fees (the name of the counsel, the name of the corporation, the judgment in charge, the amount of fees, the date of payment, or the scheduled date of payment) paid or to be paid by the Ministry of Justice in 2012-2014,” but the Defendant rendered a non-disclosure decision on December 2, 2014 on the ground that the information requested for disclosure falls under Article 9(1)4 and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

On December 8, 2014, A filed an administrative appeal against the Defendant’s non-disclosure decision, and the Central Administrative Appeals Commission rendered a ruling citing A’s request for adjudication (hereinafter “instant ruling”) on August 11, 2015.

On September 15, 2015, the Defendant rendered a decision to disclose information in accordance with the purport of the instant ruling where a defense counsel is a law firm among the information requested to disclose.

The disposition of this case is "the disposition of this case" and only the part related to the plaintiff among the information disclosed to the public in this case is "the information of this case".

(i) [The facts without dispute over the basis for recognition, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. Article 9(1)7 of the Information Disclosure Act provides that “Information pertaining to management and trade secrets of corporations, etc., which, if disclosed, are likely to seriously harm legitimate interests of the corporations, etc., shall be subject to non-disclosure” under Article 9(1)7 of the same Act.

Even if matters concerning business and trade secrets of corporations, etc. are related to business and trade secrets, it is determined whether there is a legitimate interest to refuse disclosure.

The instant information includes the case in which the Plaintiff entered into a contract with the Defendant and the fee received from the Defendant.

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