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(영문) 의정부지방법원 2018.11.15 2018구합949
기타(정보공개)
Text

1. The Defendant’s disposition rejecting the disclosure of information against the Plaintiff on March 26, 2018 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

Although the Plaintiff filed a claim with the Defendant for disclosure of information pertaining to all the information, including the shareholder registry, of the Plaintiff Company B (hereinafter “instant company”). On March 26, 2018, the Defendant rendered a disposition rejecting disclosure of the instant information (hereinafter “instant disposition”) on the ground that “the Plaintiff’s disclosure of information constitutes a non-disclosure matter as stipulated in Article 9(1)1 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) on the ground that the Plaintiff’s disclosure of information constitutes taxation information and the Plaintiff’s property relationship on the shareholder registry and the settlement of accounts (hereinafter “instant information”) is in the relationship with the instant company.

The Plaintiff appealed and filed an objection on April 2, 2018, but the Defendant dismissed it on April 20, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and the purport of the entire argument as to legitimacy of the disposition of this case, the plaintiff asserted that the disposition of this case is legitimate, as the husband of C, who is a director and the representative director of the company of this case who died, of the company of this case, requested the defendant to disclose the information of this case to adjust residual property by holding a general meeting of shareholders of the company of this case. Thus, the plaintiff cannot

Therefore, the instant disposition is unlawful since there is no ground for the disposition.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Article 9(1)1 of the Information Disclosure Act provides that the information specified as confidential or confidential information under any other Act or any order issued by any other Act shall be one of the information subject to non-disclosure. The main sentence of Article 81-13(1) of the Framework Act on National Taxes provides that a tax official shall provide data or national taxes submitted by a taxpayer to fulfill his/

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