情報公開制度의 改善方案에 關한 硏究

Abstract

국민의 알권리 실현을 위한 정보공개제도는 내실있는 시행이 중요하다. 정보공개에서 가장중요한 것은 비공개대상 정보에 관한 한계이다. 비공개대상정보를 너무 폭넓게 인정하게 되면 정보비공개법이 되기 때문에 이에 대한 문제점과 개선방안이 가장중요하게 다루어 연구되었다. 또한 정보공개가 청구되면 정보공개 의무기관은 공개, 비공개를 결정할 수 있는 데 이의 결정으로 권리가 침해되었을때 구제방법이 필요한데 이에 대한 방법으로 이의신청, 행정심판, 행정소송에 대해 연구해보았다.; Modern society is in the knowledge Information-oriented Age. Our society can be processed and transferred a large amount of information across borders in short time. At the same time the acquisition and the publication of administrative information become the most significant agenda not only for the performance of policy but also for overall society. The administrative information in public should be accessible to anyone, considering the absolute effect on the maintenance and the development of the basic democratic order. Then, by making the information possessed by the government available to the people, the formation of proper media and the practice of suffrage would be possible and the transparency of the administration can be obtained to realize the fair and democratization of the administration and the trust that people has on the government can be possible. Most the element which is important is the Non-Disclosure Information from the Public Information Disclosure System. It follows because Disclosure Information is decided by the Non-Disclosure Information and if it comes to be narrow that the Public Information Disclosure System rather will be under function with the no-Public Information Disclosure System. The major findings of the study are A Study on the Improvement of the Public Information Disclosure System. First, the Public Information Disclosure System is a institution that through the realization of the people´s Right to Know, further help to guarantee the constitutional rights and the actualization of democracy. It is an open, objective public information system that realizes the people´s Right to Know which does not limit to the purpose or the scope and give the open request of information. Second, it is founded upon the principle of openness, unless the request falls under the exemption in which a public institution has the reason not to release the information, a public institution should disclose the requested information. Also, even if the request falls under the exemption category, a public institution has an option of using its discretion to make the information available to the requester if necessary. Third, upon the open request of the Public information, a public institution can opt to either decide open or not to the public. To realize the Principle of Legalism, the Act prescribes the procedure of remedies for the both decisions of administration´s. Because decisions made open to the public or not open to the public surely become one of administrative measures, the formal objection, administrative appeals, and judicial remedy, agency of information disclosure needs to be established. Moreover, the review of the more effective and detailed solutions other than compensation made due to the illegal, unreasonable, and closed door decisions made by the administration is required although there is no such provision under the Act. Fourth, also the remedy for the third party relating to the openly requested administration´s information needs to be critically. Our legislature also prescribes the third party related, so called Reverse FOIA suits. In addition, although there is no provision on the legislature, in case the third party questions the decision of the administration during the procedure of remedies, our Administrative Appeals Act and Administrative Litigation Act consider the principle of ´non-suspension of execution´ and the reparation by the state for the damages done by illegal, unfair open decisions need to be closely scrutinized and reviewed. The Public Information Disclosure System is an inevitably necessary mechanism to realize the people´s Right to Know to further accomplish true democracy. For this system to be properly rooted, it requires the establishment of right attitude about the institution from the people who will openly request the information and the a public institution that is obligated to openly give out the information. Thus, in the meaning that people should do the role of watchdog of a public institution and that a public institution should try to eliminate the old customs of administration behind closed doors and achieve the transparency of its administration, both parties must try their best to actively response to The Public Information Disclosure System.