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(영문) 서울행정법원 2017.07.06 2016구합81826
정보공개결정처분 취소
Text

1. A disposition to disclose information on “raw materials and ingredients data by cosmetics” made against A on November 9, 2016 by the Defendant.

Reasons

1. Details of the disposition;

A. On September 23, 2016, A filed a claim for disclosure of information on “raw materials and ingredients data by cosmetics (hereinafter “instant information”) owned by the Defendant and “Korean name and CAS No by standard name of ingredients of cosmetics” with the aim of eliminating administrative difficulties in exporting cosmetics and informing ASEAN consumers of the safety of Korean cosmetics.

(hereinafter “Request for Information Disclosure of this case”). (b)

On October 20, 2016, the Defendant rendered a non-disclosure decision on the ground that the information is subject to non-disclosure under Article 9(1)5 and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) on the ground that it is already disclosed information on the ground that it is already disclosed information.

C. A filed an objection against the aforementioned non-disclosure decision on October 21, 2016 to the Defendant.

On November 7, 2016, the Defendant Information Disclosure Council decided to disclose the instant information to the effect that the part other than the data related to the duties of manufacturers and sellers of cosmetics (hereinafter “information subject to disclosure of this case”) among the instant information is already disclosed as “former ingredients information” listed in the cosmetics already distributed in the city, and thus, it cannot be deemed information subject to non-disclosure under Article 9(1)7 of the Information Disclosure Act.

(hereinafter “instant Information Disclosure Council”). E

On November 9, 2016, the Defendant made a decision to disclose the instant information subject to disclosure (hereinafter “instant disposition”) in accordance with the above resolution, and notified the Plaintiffs thereof.

[Reasons for Recognition] A without dispute, Gap evidence 2, Eul evidence 1-4, the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether procedural violation is committed

A. The plaintiff's summary of the plaintiff's assertion was requested to disclose the information of this case pursuant to Article 11 (3) of the Information Disclosure Act.

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