협의의 행정경찰권 통제 수단인 정보공개 제도에 관한 소고 -부존재 통지에 대한 재결 사건의 검토를 중심으로-

Abstract

In this study, looked at the cases in which the competent Administrative Appeals Committee made a decision regarding a public institution's Notice on Nonexistence of Information, reviewed the case through consideration of legal principles, and made suggestions. The head of a city/county or district is the principal subject of the safety certification inspection, which conducts inspections of the use of mechanical parking lots within the jurisdiction, and must issue an inspection confirmation certificate or a use prohibition sign to the mechanical parking lot manager depending on whether or not the inspection has been passed. If the mechanical parking lot manager does not attach an inspection confirmation certificate or a use prohibition sign according to the inspection results of The head of a city/county or district, the mayor/county governor or district head shall impose and collect a fine for negligence. Meanwhile, in accordance with relevant laws and regulations, the head of a city/county or district may entrust a professional inspection agency with the task of inspecting the use of mechanical parking lots. When this specialized inspection agency notifies the mechanical parking lot manager of the inspection results, it must also issue an inspection confirmation certificate or a use prohibition sign and notify the head of the city/county or district having jurisdiction over the location of the mechanical parking lot. The head of a city/county or district has the authority to supervise professional inspection agencies that inspect mechanical parking lots in their jurisdiction, including ordering them to submit data. In the adjudication case that is the subject of this study, the claimant requested administrative office A to disclose information 'all factual notification materials(excluding personal information), including the issuance of a mechanical parking inspection confirmation certificate, notified by the inspection agency of the mechanical parking lot installed in the parking lot of the complex building at the claimant's address' . In response to this, officials of Administrative Office A ‘Notice on Nonexistence of Information’. The claimant filed a request to the competent administrative tribunal for a judgment on the performance of obligations regarding Mayor A's Notice on Nonexistence of Information. In response, the competent administrative tribunal acknowledged the claimant's claim and issued a decision on disposition. According to the review of the decision on the above notification of non-existence of information disclosure, public officials belonging to Administrative Office A exercised their public power in an illegal manner by effectively rejecting the notice through a ‘notice of non-existence’ in the legal form. In addition, due to this illegal exercise of public power, the claimant was prevented from exercising his right to file a Raising objection guaranteed by the Information Disclosure Act. And public officials belonging to Administrative Agency A did not fulfill the transfer obligation, which is a statutory procedure that must be performed when information subject to information disclosure request does not exist. The suggestions derived from the above review are as follows. First, public officials belonging to Administrative Office A recorded false facts of non-existence that were contrary to the objective truth regarding information disclosure duties for the purpose of notifying the claimant of non-existence. Therefore, it is necessary to report and hold accountable because it can be considered a crime of creating false official documents and using false official documents. Second, the parking lot management work of The head of a city/county or district is an autonomous affair. Therefore, it is necessary to carry out an audit function to determine whether there are any violations of laws and regulations in the exercise of supervisory authority necessary for the management of mechanical parking lots within the jurisdiction of Administrative Office A. Third, the decision on the disposition order by the competent administrative appeals committee cannot be the subject of ‘direct disposition’ under the Administrative Appeals Act, but can only be the subject of ‘Indirect Compulsion ’ upon the petitioner’s application. In order to ensure the procedural speed of such indirect coercion, it is necessary to establish a notification system for the fulfillment of the re-disposal obligation of the disposition office following the decision on the disposition order.