본문 바로가기
  • Home

Abuse and Control of the Right to claim information disclose - Focusing on Practice -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2020, 90(), pp.153-171
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : May 1, 2020
  • Accepted : May 22, 2020
  • Published : May 25, 2020

Cheong, Sa Eon 1

1장안대학교

Accredited

ABSTRACT

Information is competitive in the modern information society, so personal information should be protected as much as possible in the relationship between the state and the people, but information of public institutions should be disclosed as much as possible. The disclosure of information by public institutions can improve the transparency of administration and promote democracy, and the scope of information is gradually expanding in Korea. However, unlike the purpose of legislation, the right to request information disclosure is abused in various forms, and the harm is great. It is reasonable that the right to claim information disclosure should be protected as much as possible, but it is not protected to abuse. Therefore, it is hoped that the control plan will be introduced based on the case of the abuse of rights that is occurring in reality. In the case of comprehensive and abstract exercise of rights, there are parts that need to clarify the contents, specify information, strictly set the standards of legal interpretation, and revise some laws. Also, if the right to request information disclosure is intentionally abused, it should be considered to restrict the exercise of the right to claim and to legislate an amendment that terminates without replying to the information disclosure.It is the most basic general principle of the law that rights should not be abused.

Citation status

* References for papers published after 2023 are currently being built.