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Legislative Review and Improvement of Official Information Disclosure Act – Focused on the Global Right to Information Rating -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2015, 69(), pp.117-150
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Im, Hyun 1 Da-Eun Chong 1

1고려대학교

Accredited

ABSTRACT

Official information disclosure system is essential to ensure people's rights to know and to secure people's participation in state affairs and governmental transparency. However, most of the world’s information disclosure laws have a short history, and there has been continued efforts of each country to improve them. The most detailed research project on information disclosure laws is ‘The Global Right to Information(RTI) Rating’ which was created by Access Info Europe, a human rights organization, and the Centre for Law and Democracy, a non-profit corporation. The project aims to analyze the quality of information disclosure laws from around the world by 61 indicators in 7 categories, which are drawn from various international standards and comparative studies of information disclosure laws. Firstly, this article introduces the indicators of the RTI Rating as evaluation standards of information disclosure laws and critically examines them. In addition, based on the analysis of RTI Rating, it reviews South Korea’s information disclosure law. It is implemented in the basis on the following 7 standards referring to RTI Rating project- legal recognition of right of access to information, scope of information disclosure, information requesting procedures, exceptions to information disclosure, appeal systems, sanctions and protections and promotional measure. ‘Official Information Disclosure Act’ of South Korea, which was enacted in 1996 as the first information disclosure law in Asia and came into effect in 1998, has been improved by recent several amendments. Nevertheless, it receives a poor evaluation and ranks low on the RTI rating. At the moment this article aims to suggest meaningful legal improvements by reviewing information disclosure law of South Korea.

Citation status

* References for papers published after 2022 are currently being built.

This paper was written with support from the National Research Foundation of Korea.