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(영문) 수원지방법원 2017.11.08 2017구합67378
정보공개거부처분취소
Text

1. The Defendant’s disposition rejecting the disclosure of information against the Plaintiff on July 25, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff, a corporation established for the purpose of shipbuilding a ship, etc., participated in the 17-ship support schedule (17-ship class 600, 300, 70 tons of naval vessels), publicly notified by the Defendant on June 14, 2017 (hereinafter “instant tender”).

B. As a result of the opening of the instant bid on June 22, 2017, Sam River M&T Co., Ltd. (hereinafter “YM&T”) concluded a contract on the construction of Sam River T&T and the 17-WW support schedule (class 600, 300, 70 tons of naval vessels) with the Plaintiff on July 28, 2017, following the examination of qualifications.

C. On July 13, 2017, the Plaintiff filed a claim for the disclosure of information on the supply performance certificate (hereinafter “instant information”) submitted to the Defendant by Sam River M&T in the instant tender.

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

Accordingly, on July 25, 2017, the Defendant rejected the Plaintiff’s instant request for disclosure of information with the purport that “the instant information pertaining to the management and trade secrets of a corporation pursuant to Article 9(1)7 of the Official Information Disclosure Act, which constitutes management, trade secrets and construction know-how of corporations and customers, and new public law technology, and, if disclosed, it shall not be disclosed because it is highly likely to seriously undermine the legitimate interests of corporations and customers.”

(hereinafter referred to as the "disposition of Refusal of this case"). [Grounds for recognition] The fact that there is no dispute, Gap's 1 through 3, 9, and 10, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion cannot be seen as information pertaining to corporate management and trade secrets under Article 9(1)7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), which, if disclosed, could seriously harm corporate interests.

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