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(영문) 대구지방법원 2020.05.28 2020구합20196
정보공개청구비공개결정취소
Text

1. On November 18, 2019, the Defendant rejected the disclosure of information with respect to "B calculation sheets" against the Plaintiff in 2019.

Reasons

1. Details of the disposition;

A. On November 5, 2019, the Plaintiff filed a claim with the Defendant for disclosure of the bid price ratio of the private sector enterprise that is in charge of operation on March 1, 2019 (hereinafter “instant information”) of the information on the calculation sheet (labor cost, expenses, general management cost, profits, etc.”) ordered at the time of the private sector entrustment (hereinafter “instant information”) and the information on the calculation sheet that was ordered at the time of private sector entrustment.

B. On November 18, 2019, the Defendant rendered a non-disclosure decision (hereinafter “instant disposition”) on the ground that the instant information constitutes information subject to non-disclosure by falling under the internal review related to the bidding and constitutes information subject to non-disclosure. The Defendant notified the Plaintiff that the remaining information can be perused by using the “Nater National Electronic Procurement website”.

C. On November 20, 2019, the Plaintiff filed an objection against the instant disposition with the Defendant, but the Defendant dismissed the Plaintiff’s objection on the grounds that “Around November 28, 2019, at the Information Disclosure Council, the request for disclosure of the instant information was dismissed by dismissal pursuant to Article 9(1)5 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion does not constitute information subject to non-disclosure under Article 9(1)5 of the Information Disclosure Act on the following grounds, and the instant disposition is unlawful as it lacks legitimate grounds for disposition.

1) Information such as business instructions and calculation sheets related to service tenderings for operation B in 2015 was already disclosed to the general public via the Internet. 2) Other local governments, including the following cities, etc., have disclosed the overall content of the C Center’s benefits system, the details of benefits, the tender for services, etc.

3. Although the Defendant’s information of this case constitutes internal review matters, the information of this case is related to the service contract for which the contract has already been concluded, and thus constitutes internal review matters.

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