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(영문) 대구지방법원 2016.10.25 2016구합768
정보공개청구결정취소
Text

1. The part demanding the disclosure of information in the instant lawsuit shall be dismissed.

2. As to the Plaintiff on January 13, 2016.

Reasons

1. Details of the disposition;

A. In accordance with the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”), the Defendant entered into a contract for entrustment with C Co., Ltd. (hereinafter “C”) on the operation of the E-sports Center within the headquarters through competitive bidding.

The plaintiff is the head of the Gyeonggi-do branch site of the public non-regular labor union (hereinafter referred to as the "trade union") in which non-regular workers, such as C's U.S. dollars, receiving personnel, and sports instructors, join

B. On January 6, 2016, the Plaintiff requested the Defendant to disclose each information listed in the separate sheet No. 1.

C. On January 13, 2016, the Defendant made a decision to disclose to the Plaintiff each information listed in [Attachment 1] paragraphs 2 and 3 of [Attachment 1] on the ground that: (a) the information listed in [Attachment 1] paragraph (1) (hereinafter “the instant information”) may serve as evidence to presume cost at the time of bidding for the next service in 2017; and (b) it is anticipated that it would interfere with the fair performance of duties; and (c) it constitutes information subject to non-disclosure under Article 9(1)5 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

In the above decision, the part concerning the decision of non-disclosure concerning the information of this case is "disposition of this case".

(D) The Plaintiff filed an objection against the Defendant, but the Defendant dismissed the Plaintiff’s objection on February 23, 2016. The Plaintiff’s ground for recognition was without dispute, and the purport of the Plaintiff’s objection as to the Plaintiff’s evidence Nos. 1, 2, and 2, and the purport of the entire pleadings.

2. Of the instant lawsuit, the Plaintiff sought the revocation of the instant disposition, as well as the disclosure of information on the information claimed by the Plaintiff.

However, under the Administrative Litigation Act, administrative litigation seeking an execution judgment ordering the defendant to disclose information is not allowed, and Supreme Court Decision 30 September 30, 1997 is not allowed.

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