행정심판상 공공정보공개 청구사건에 관한 고찰

Official Information Disclosure Act has been legislated in 1996 by to ensure the people's rights to know and to secure the people's participation in state affairs and the transparency of the operation of state affairs by prescribing necessary matters concerning the people's claims for the disclosure of information kept and controlled by public institutions and the obligations of public institutions to disclose such information. Among the representative method today for raising credit and communication is the administrative information system, which must be observed and modified constantly for the correct maintenance of relation between people and government. Every people holds the right to request information disclosure. Requests for disclosing information made by any foreigners shall be prescribed by the Presidential Decree. When any applicant is dissatisfied with a decision made by any public institution in connection with information disclosure, he may file an administrative appeal under the conditions as prescribed by the Administrative Appeals Act. In that case, administrative agencies that supervise the decisions of public institutions, other than state agencies and local governments, shall be the heads of the relevant central administrative agencies or the heads of the relevant local governments. Every applicant may file an administrative appeal without going through the procedures for filing administrative appeals. Any member who is involved in administrative appeals of decisions on whether or not to disclose information from among the members of the Administrative Appeal Committee shall not divulge secrets that the member has learned while performing his duties during his tenure and after his retirement. This study analyzed the information disclosure system and evaluated the performance and problems.