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(영문) 인천지방법원 2017.06.27 2016가단41851
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 31, 2015, the Plaintiff filed a claim against the Busan Metropolitan City Mayor on August 31, 2015 for the disclosure of fuel charging amount by vehicle and day from October 1, 2014 to December 31, 2014 to the amount of subsidies and subsidies per liter (hereinafter “instant information”).

B. On September 9, 2015, the Busan Metropolitan City Mayor rendered a decision to disclose the monthly amount of fuel charging, the amount of subsidies, and the amount of subsidies per liter among the instant information, based on the result of the first information disclosure deliberation council’s resolution in 2015 (hereinafter “the instant disposition”).

C. The Plaintiff filed an application for adjudication with the Central Administrative Appeals Commission while disclosing information held and managed by a public institution in principle to all citizens. On September 21, 2015, the said commission made a decision revoking the said disposition on the ground that “If a public institution intends to refuse disclosure of information, it shall clearly state where it falls under any of the subparagraphs of Article 9(1) of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”). Thus, the instant information may be again disposed of on the ground that it falls under non-disclosure information under each subparagraph of Article 9(1) of the Information Disclosure Act.”

After that, on November 4, 2016, the Mayor of Busan Metropolitan City sought an opinion on whether to disclose the information of this case to the Nam Transportation Co., Ltd. that is a party to the information of this case pursuant to Article 11(3) of the Information Disclosure Act and Article 8 of the Enforcement Decree

In addition, on November 15, 2016, by referring to the opinion of the above company, the details of the payment of the fuel subsidies for each company among the information in this case are disclosed, and the details of the payment of fuel subsidies by vehicle and day are "matters concerning the management and business secrets of the corporation" under the proviso of Article 9 (1) 7 of the Information Disclosure Act.

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