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(영문) 창원지방법원 2018.10.11 2018나446
손해배상(기) 및 위자료
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is the representative of an incorporated association B (hereinafter “foreign corporation”).

On October 6, 2015, a non-party corporation filed a claim with the Defendant for disclosure of “(i) the list of education instructors under Article 22(4) of the Control of Firearms, Swords, Explosives, etc. Act, (ii) the legal basis that the Guns and Swords, Explosives Safety Technology Association may be delegated with the education under Article 22(4) of the Control of Firearms, Swords, Explosives, etc. Act, (iii) the legal ground that the Guns and Swords can collect tuition fees of KRW 20,000.” On October 26, 2015, the Defendant made all relevant information disclosure to the non-party corporation and (ii) and (iii) the relevant information disclosure to the non-party corporation.

B. On October 29, 2015, the non-party corporation filed an objection with the Defendant on October 29, 2015, requested disclosure of “(i) the name and career of the practical skill instructor from among external education instructors, ② the name of the instructor of the theory of the Guns and Powders Safety Technology Association and career experience,” and on November 19, 2015, the Defendant issued a decision and notice to disclose some of the above information to the non-party corporation on the grounds of its hearing and request by a third party based on Article 21 of the Official Information Disclosure Act (hereinafter “instant disposition”).

C. On December 22, 2015, the non-party corporation dissatisfied with the instant disposition and revoked the instant disposition to the Central Administrative Appeals Commission, and filed an administrative appeal seeking disclosure of the information requested by the non-party corporation. The Central Administrative Appeals Commission, on June 21, 2016, revoked the decision to partially dismiss the non-party corporation’s objection on November 19, 2015, and rendered a ruling again on whether to disclose the information that was decided non-disclosure.

(hereinafter referred to as “the instant adjudication”).

However, on August 10, 2017, the defendant did not take a measure following the ruling of this case, and the non-party corporation filed an application with the Central Administrative Appeals Commission for implementation of the ruling of this case with the Central Administrative Appeals Commission, and the Central Administrative Appeals Commission received a written decision on August 22, 2017.

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