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(영문) 서울행정법원 2019.08.14 2018구합88418
정보공개거부처분취소
Text

1. Of each disposition rejecting the disclosure of information pertaining to the information listed in the separate sheet No. 1 attached hereto, which the Defendant rendered to the Plaintiff on November 15, 2018, attached Form 2.

Reasons

1. Details of the disposition;

A. From February 7, 2014 to June 23, 2014, the Defendant prepared a review report on the act that B Co., Ltd. (hereinafter “instant company”) requested a consumer to cancel the contract, with respect to 1,840 cases, for which the cancellation refund is not paid. On May 14, 2015, the Defendant submitted the review report internally and presented it as an agenda item.

B. On September 22, 2015, the Defendant: (a) deemed that the instant company’s act violated Article 25(4) of the Installment Transactions Act (hereinafter “Installment Transactions Act”); and (b) deemed that it falls under Article 34 subparag. 10 of the said Act; and (c) determined that “the instant company shall pay refund money unpaid to 1,840 consumers and compensation for delay thereof; (b) shall not delay or refuse measures such as payment of refund money for termination or compensation for delay without justifiable grounds even after the consumer rescinded the contract; and (c) shall pay an administrative fine of KRW 2,00,000.”

(Resolution) C. C.C.

On April 5, 2016, the Defendant commenced the examination procedure on the non-performance of corrective measures, which did not comply with the Defendant’s order to refund the unpaid refund or pay damages for delay. On July 18, 2016, the Defendant rendered a decision to prosecute D with the instant company.

(Decision 2016-037) d.

On November 7, 2018, the Plaintiff filed a claim with the Defendant for disclosure of the information listed in attached Table 1 (hereinafter “each of the instant information”) regarding the instant company.

E. On November 15, 2018, the Defendant: (a) based on Article 9 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), each of the instant information on the ground that “the instant information contains information about corporate management and trade secrets, which, if disclosed, is likely to seriously undermine corporate legitimate interests.”

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