국민의 알권리 보장을 위한 비밀기록보호제도 및 재분류 제도에 관한 연구

Abstract

Secrets produced in relation to national security, etc. in public institutions are classified as secrets according to the content and level of value based on the “Security Work Regulations.” Classified secrets are specified in the notice with the secret protection period and retention period, and access is controlled by indicating the secret level, thereby restricting the public’s right to know from the time of production of secret records. Meanwhile, general records that have been reclassified or declassified by the production institution are also regulated to be kept secret or undisclosed, so in fact, the public’s right to know is thoroughly restricted from the production stage of secret records. However, the Public Records Act and the Freedom of Information Act stipulate that “public institutions’ records must be guaranteed to be available for use throughout the entire process from production to utilization, and public officials must also actively disclose records to ensure the people’s right to know.” In this regard, this study aims to study improvement measures by reviewing and analyzing related regulations and laws, focusing on previous studies and the confidentiality protection system and reclassification. First, analysis of confidentiality protection and reclassification at the stage of record production, and second, review and analyze whether to disclose or reclassify records that have been declassified, and then based on the implications, propose measures that can guarantee not only the confidentiality protection and reclassification system for national security and national interest, but also the people’s right to know.