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(영문) 서울행정법원 2017.04.07 2016구합83600
정보공개거부처분취소
Text

1. The decision that the Defendant rendered to the Plaintiff on December 1, 2016 was revoked.

2...

Reasons

1. Details of the disposition;

A. On November 22, 2016, the Plaintiff filed a claim with the Defendant for disclosure of the information indicated in the attached list (hereinafter “instant information”).

B. The Defendant on December 1, 2016, and the instant information is governed by other Acts (hereinafter “Financial Services Commission Act”).

Article 35(2) of the Act on External Audit of Stock Companies and the Act on External Audit (hereinafter “ External Audit Act”).

(2) Article 9(1)1, 4, 5, and 6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) provides that the instant information shall be confidential or confidential pursuant to Article 9(1)1, 4, 5, and 6 of the same Act, on the grounds that the information is information that may affect the outcome of a trial in connection with a pending trial and that the disclosure is a document produced in the course of inspection and investigation activities, such as written confirmation of door-to-door answers, which may interfere with the fair performance of duties in the future if disclosed.

C. Meanwhile, the Korea Savings Bank Co., Ltd. (hereinafter “the instant Savings Bank”) was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap47, and the Plaintiff is the representative of the Plaintiffs in a civil lawsuit (Seoul Central District Court 2016Kadan516360) brought against the Korea Deposit Insurance Corporation in connection with the window dressing accounting of the instant Savings Bank on May 24, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including branch numbers for those with a branch number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Article 9(1)1 proviso and Article 9(1)1 of the Information Disclosure Act is subject to an order delegated by other laws or ordinances (limited to Presidential Decrees or ordinances of the National Election Commission).

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