미국의 역정보공개소송에 관한 고찰

Reverse FOIA Suits in U.S. Kim, Bae-WonIn U.S., the Freedom of Information Act was enacted in 1966 to creat a public right of access to agency records held by the federal government and has undergone many amendments. The parties affected by FOIA are not limited to the agency and the requester. Many submitters of information are concerned about the release of this materials when a third party requests the agency to disclose it under the FOIA. Submitters of information have attempted to enjoin agency disclosure of its records in action as "Reverse-FOIA" Suit. This note will survey "Revers-FOIA" Suit in U.S. Specifically, Part Ⅱ analyzes the concept and basis of the suit. Part Ⅲ sets forth Chrysler Corp. v. Brown and the Doctrine of "Revers-FOIA" Suit. In Chrysler, the Supreme Court determined 1) that the FOIA exemptions are permissive, not mandatory, 2) that the FOIA does not supply submitters with a reverse cause of action, and 3) that submitters can seek review of agency disclosure decisions under the APA. The Court also found that the Trade Secrets Act does not provide submitters with an implied right of action. Furthermore, in this chapter, the relations between Trade Secrets Act and Exemptions 3 & 4 is discussed. And, Part Ⅳ examines the scope of judicial review of "Revers-FOIA" Suit. According to the Court in Chrysler, the scope of review in future litigation seems to be limited to review based on the agency record.