프랑스 정보공개법의 특징과 시사점

Abstract

This paper aims to critically examine the 「Information Disclosure Act」 in order to find a system for the administration to manage information rationally and to suggest the development direction of the information disclosure system. To this end, the information disclosure system of French law was analyzed to reveal its characteristics, and from this, implications for the development of Korea's information disclosure law system were derived. The French information disclosure system has the following three characteristics. First, the information disclosure system is a part of the 「Public/Administrative Relations Code」, which can be called the 「Basic Administrative Law」 of France. This is an important point in that information disclosure is recognized as one of the most basic systems for administration. In addition, it is advantageous for the information disclosure system to be operated in harmony with other administrative law-related systems in that general legal norms that govern administration are managed in an integrated manner as a system of ‘code’. Second, in French law, the information disclosure system can be said to be a system in which the administration communicates with public service users through 'administrative documents'. This can be said to reflect the changes in the role and function of the administration today. Traditionally, administration as a powerful and authoritative subject was recognized as an object of supervision and control, so it can be said that public law disciplines were also focused on this purpose. Today, the administration can be seen to perform more functions as a public service provider, and the sovereign citizens need to be recognized as subjects who use the services of the administration. The French information disclosure system can be said to reflect this notion. Third, the French information disclosure system does not recognize the discretion of public institutions to disclose information subject to nondisclosure.