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(영문) 서울행정법원 2016.12.09 2016구합65374
정보공개거부처분취소
Text

1. Attached 2. Of the information listed in the attached Table 1 list among the dispositions rejecting the disclosure of information rendered by the Defendant to the Plaintiff on June 3, 2016.

Reasons

1. On May 20, 2016, the Plaintiff filed a request with the Defendant for disclosure of the information indicated in the attached list No. 1, but the Defendant rejected the disclosure on June 3, 2016 on the ground that the information the Plaintiff requested to disclose was information under Article 9 of the Act on External Audit of Stock Companies (hereinafter “ External Audit Act”) and falls under Article 9(1)1, 4, and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

(hereinafter referred to as the "disposition of this case", and the remaining information except the information listed in the separate sheet 2 excluded from disclosure among the information listed in the separate sheet 1 in the separate sheet 1 is referred to as the "information of this case"). / [Grounds for recognition] without dispute, entry (including the provisional number; hereinafter the same shall apply) in the evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The proviso of Article 9(1)1 of the Information Disclosure Act and the proviso of Article 9(1)1 of the Act on External Audit under Article 9 of the Act on External Audit may not be disclosed “information specified as confidential or confidential by any other Act or any order (limited to Presidential Decree or Ordinance of the National Assembly Regulations, which is delegated by other Acts or subordinate statutes).”

At this time, “information prescribed as confidential or non-disclosure by other Acts or orders delegated by other Acts” shall be the content of the information disclosure subject to and scope of the information disclosure, procedures for information disclosure, information subject to non-disclosure, etc. delegated by other Acts or subordinate statutes, unlike the Information Disclosure Act.

(see Supreme Court Decision 2012Du17384, Apr. 10, 2014). Meanwhile, Article 9 of the External Audit Act provides that “no person falling under any of the following subparagraphs shall divulge any confidential information he/she has become aware of in the course of performing his/her duties,” and Subparag. 3 of the same Article provides that “the Korea Securities and Futures Commission members shall not divulge any confidential information which comes to his/her knowledge in the course of performing his/her duties

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