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(영문) 서울행정법원 2019.11.01 2019구합1524
정보공개거부처분취소
Text

1. On March 4, 2019, the Defendant’s refusal to disclose information on the information listed in the separate sheet against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff filed a lawsuit seeking damages against the Incheon Metropolitan City Gu, asserting that, with respect to a cleaning agency contract concluded with the Incheon Metropolitan City B with a person who was engaged in foul waste collection and transportation business in the area B of Incheon Metropolitan City, the Gu allocated the amount of foul waste distribution to the Plaintiff against the equity, excessively regulated the Plaintiff’s business, and forced the Plaintiff to conclude a contract disadvantageous to the

[Attachmentcheon District Court 2014Gahap7489, hereinafter referred to as "relevant civil lawsuit"). B.

On October 6, 2014, the Plaintiff filed an application for the commission of the delivery of documents with respect to the attached list [the Defendant from June 2014 to July 11, 2014, to the Incheon Metropolitan City B-Gu Office for the commission of audit results (the instruction and supervision of agency duties, such as orders and measures necessary for cleaning, etc.) and the entire administrative processing documents (hereinafter “instant information”)] kept by the Defendant at the court of the relevant civil lawsuit, and the said court accepted the Plaintiff’s application and entrusted the Defendant with the delivery of documents on October 7, 2014.

C. On April 6, 2015, the Defendant’s instant information is subject to disclosure of information held and managed by public institutions (information subject to non-disclosure) under Articles 9(1)4 and 5(1)5 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

Provided, That the following information may not be disclosed:

4. Information pertaining to a trial in progress, the prevention and investigation of crimes, the institution and maintenance of a public prosecution, the execution and correction of a sentence, and security disposition, which, if disclosed, has considerable grounds for remarkably obstructing the performance of duties or infringing on the right of a criminal defendant to a fair trial;

5. Matters concerning the inspection, supervision, inspection, test, regulation, bidding contracts, technology development, and personnel management, or such;

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