공공기관의 정보공개 확대를 위한 법적 고찰

Abstract

The information disclosure system of public institutions guarantees the people's right to knowledge and transparency in administration. The success of the disclosure system depends on the attitude of public institutions that make or manage the information. The disclosure of information held by public institutions should not be approached as charity because that is public services provided by the state to the people. The Information Disclosure Act defines information subject to non-disclosure information by public institutions, and the information' lists can be disclosed. While the disclosure of information is aimed at protecting confidentiality, knowing what information public institutions hold is involved fundamental rights to know. In principle the information list including non-disclosure information should be made public. It will ease the burden on the applicants for information disclosure to prove the existence of the claim information. The decision on whether or not information subject to non-disclosure is made in two stages in accordance with the Information Disclosure Act: formal and qualitative reviews. Strict interpretation of the formal scope stipulated in the law can guarantee the basic rights of the people, and it is less controversial than qualitative screening, reducing disputes related to information disclosure. The discretion of public institutions shall be legally guaranteed in the decision of information subject to non-disclosure. It is necessary to stipulate that public institutions can disclose information subject to non-disclosure if necessary for the public interest by referring to Japan's Information Disclosure Act. Even if the decision to disclose information is canceled through administrative litigation, public institutions can decide to keep it private again based on other reasons of Information Disclosure Act. Even if the decision to cancel the decision to disclose information is made through an administrative litigation, public institutions can decide to keep it disclosed again based on other reasons behind the Information Disclosure Act. Mandatory injunction shall be introduced to prevent abuse of decisions to disclose information by public institutions. An active review by the judiciary on whether to disclose information is required. This is because the protection of people's rights should be prioritized rather than respecting the discretion of the administration on the grounds that it is a professional territory. The role of the legislature, administration and judiciary is important for the success of the information disclosure system, which can contribute to the guarantee of the people's right to knowledge and democracy.