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(영문) 수원지방법원 2016.05.31 2015구합72000
정보공개거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 14, 2015, the Plaintiff filed a request with the Commissioner of the National Tax Service for disclosure of the information listed in the List No. 1. (hereinafter “instant information”) with respect to B farming association corporations (corporate registration number C: location D: Masung City) (hereinafter “instant information”).

B. On December 18, 2015, the Commissioner of the National Tax Service sent the instant case to the Defendant, who was the competent government office, and notified the Plaintiff thereof. On the grounds that “the information for which the Plaintiff seeks disclosure constitutes information of taxpayers not provided pursuant to Article 9(1) of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) and Article 81-13 of the Framework Act on National Taxes” against the Plaintiff, the Commissioner of the National Tax Service responded to refusing to disclose the instant information.

(hereinafter “Disposition in this case”) (hereinafter “Disposition in this case”), without dispute, entry of Gap’s 1, 3, and 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is intended to determine whether to file a civil suit against E by examining whether the representative director E, as one of the members of the partnership partnership B, has embezzled the contributions of the union members. For this purpose, the disclosure of the instant information is necessary. Thus, the instant disposition should be revoked as it is unlawful.

B. Attached hereto to the relevant statutes;

C. Article 9(1)1 of the Information Disclosure Act provides that “Any information held and managed by a public institution shall be disclosed: Provided, That the information prescribed as confidential or confidential may not be disclosed in accordance with any other Act or any order (limited to Presidential Decree or Ordinance of the National Election Commission, which is delegated by any other Act).” The main sentence of Article 81-13(1) of the Framework Act on National Taxes is that a tax official acquires the business for the purpose of imposing and collecting data or national taxes submitted by a taxpayer to fulfill a tax liability prescribed

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