헌법상 투명성원칙에 관한 試論的 考察

It can be said that state's decision and exertion of authority should be progressed with transparency is inherent in the constitutional principles of democracy. However, as the reality of today's political and economic changes, the value of transparency is renewed emphasized. Under these circumstances, this study will induce the constitutional implications of the principles of transparency. Transparency is understood like as possibility of recognition and comprehension, clarity, etc. from the legal aspects and means reasonable information sharing. This principle of transparency is composed with result-transparency; transparency of the result of state's decision-making and exercise, process-transparency; transparency of the decision-making process, contents-transparency; fair and open decision-making with absolute and enough ensuring of the right to read, responsibility-transparency; clarifying where the responsibility lies and preparing a system to accuse responsibility. It is a global trend to emphasize the principle of transparency and in United States, Germany and the European Union principle of transparency is reflected in interpretation of the Constitution and law establishing. The transparency of result, process, contents, and responsibility of state's authority exercising, since the establishment of modern state continually required. Democracy can be maintained when the sufficient communication and cooperation between people and state are held. And rule of law means reservation of laws, due process of law, principle of definiteness, confidence protection principle. Therefore, although the Constitution of Korea does not explicitly mention the transparency, but rather than new, the principles of transparency is inherent in the democratic principles and the rule of law. The principle of transparency is a constitutional principle and fundamentally, it is a base when the National Assembly to legislate. However, the principle should be reflected in the constitutional reform. For the direct democracy, it is important to get new systems open to the people to participate in the state's decision-making or to press the person in authority to assume responsibility for the action. Also, it is needed to enact provisions information relating fundamental rights in the Constitution.