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A study on information disclosure subject of Public institution

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 76(), pp.219-238
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Jeong Hoe Gun 1

1남서울대학교

Accredited

ABSTRACT

In today's society, the information comes to have biggest influence on the human being society, because of information-oriented society. The administration utilizes the information with basics of administration policy and administrative action document to collect various personal documents and information and to manage it. When the administrative main constituent acquires information, the nation comes to fall to the passive position. Therefore, possibility to change in quality of the democracy itself can be brought about. Therefore, for the administrative democratization, the approach of the nation for information and the document which an administration holds must be guaranteed. And, for realization of the democracy, it is necessary to be accepted the right to claim of the information disclosure of the information and the administrative information disclosure. Therefore, the information that the public institution manages must be shown in principle, if a public institution holds it, and information to manage is information for security of the people's right to know, in the case of public institution information for participation of the nations, a case to secure transparency of the national political administration and the information disclosure request of the nation, However, the excessive information disclosure by the system of public offering of information have the following problems : the infringement possibility for a state secret and the personal information, the increase of the administrative burden, abuse possibility of trade secrets, the confusion possibility of the information order because of insincerity information and operated information, the inequity-induced possibility by the predominance between an information incapable person and information ability people. There are the problems that must show information when information is requested from a purpose to torment a state organ. Therefore, If hold and managed information from the nation is not a reason not to open to the public, the public institution which came to receive a demand by an information disclosure request must show information. If a government office may refuse information disclosure, the government office must insist on them and prove such contents “Is it clashed with the profit of the law that how is which part or basics right?”, “Is it the reason of what kind of not open to the public?” through confirmation and examination in the contents concretely. The government office must compare the profit such contents ; profit such as the equitability of the duties accomplishment protected by information secrecy, security of the people's right to know protected by information disclosure, the participation of the nation for the government and the securing transparency in the national administration, whether the government office show information or not.

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