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On the Study of a Closed Information by the Law in the Freedom of Information Act

  • DONG-A LAW REVIEW
  • 2009, (43), pp.29-56
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Park Jinwoo 1

1경원대학교

Candidate

ABSTRACT

The development of the information-oriented society and the monopolized situation of the mass media in present have brought about a new change in the freedom of the expression. While the traditional freedom of the expression have laid an emphasis on the freedom of the speaker, the range of the freedom of the expression in today leads to the freedom of the listener as well as the freedom of the speaker. the tendency of secrecy in the national levels has gotten worse and the unilateral system of communication has evolved into the diverse and complex system of communication and thus the right to know have come to the constitutional right. The right to know becomes the constitutional right on the ground that the people as a sovereign should know the information about the affairs of a state in reason and could collect and request the information. The system of the freedom of information is supporting to this request. Korea made a law of the freedom of information and have made application of the system of the freedom of information making the release of the information owning to the government. all the information in the freedom of information Act should be open in general. Some information nevertheless should not be open in a case. The freedom of information Act enacts a closed information. A closed information provided by other laws in the freedom of information Act raises several points in relation to The public record management Act. In order to realize the open principle of information, a precise and reasonal rule should be prepared in the public record management Act.

Citation status

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