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(영문) 서울고등법원 2018.08.17 2017누86974
정보공개거부처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons why this part of the disposition is stated are the same as the corresponding part of the judgment of the court of first instance (section 2, 3, and 19). Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the disposition is lawful;

A. 1) The Plaintiff’s assertion 1) The Official Information Disclosure Act (hereinafter “Information Disclosure Act”) provides for the following:

(2) The Defendant’s refusal disposition of this case, which rejected the instant request for disclosure of information, cannot be deemed as a matter of business management and trade secrets of a corporation under Article 9(1)7, which, if disclosed, could significantly harm the corporation’s legitimate interests. Thus, the Defendant’s assertion is an information pertaining to the business activities of Y&W, and is an information that is advantageous to the other party’s disclosure, and constitutes a trade secrets of a corporation under Article 9(1)7 of the Information Disclosure Act, and the disclosure of the instant information constitutes a trade secrets of a corporation under Article 9(1)7 of the Information Disclosure Act, and is likely to seriously infringe on the legitimate interests of

Therefore, the rejection disposition of this case is legitimate.

(b) Article 9 (Information Subject to Non-Disclosure) (1) of the Official Information Disclosure Act by public institutions shall be subject to disclosure.

Provided, That the following information may not be disclosed:

7. Information pertaining to management and trade secrets of corporations, organizations, or individuals (hereinafter referred to as "corporation, etc.") which, if disclosed, is likely to seriously undermine the legitimate interests of the corporation, etc.: Provided, That the following information shall be excluded herefrom:

Information that is necessary to be disclosed in order to protect the lives, bodies and health of people from dangers arising from business activities.

(b) from illegal and unfair business activities;

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