수사기록의 정보공개와 행정심판에 관한 헌법적 검토

This paper examines the conflict between the people's right to know and the confidentiality of investigations concerning the disclosure of information from investigation records, and reviews the constitutional significance of administrative appeals in this context. In particular, the Prosecution Service's practice of denying disclosure of information based on the “Rules on Archiving of Prosecution Service” -internal guidelines lacking legal normativity- may violate the principles of the Official Information Disclosure Act. Furthermore, from a procedural perspective, this paper analyzes and argues for the constitutional basis and recognition of the right to file an administrative appeal as a fundamental right, in conjunction with the Alternative Dispute Resolution (ADR) system. This includes a discussion of the theory of system guarantees, the distinction from rights merely created by law, and unenumerated fundamental rights. Furthermore, this paper analyzes cases of trial courts addressing issues arising from non-disclosure decisions in the practice of transferring, electronically retaining, and managing investigation records. Lastly, it compares and contrasts the grounds for non-disclosure stipulated in the “Rules on Archiving of Prosecution Service” with those in the Official Information Disclosure Act, and conducts an in-depth analysis of the legality of presenting reasons for non-disclosure based on that Rules. This paper highlights a recent ruling by the Central Administrative Appeals Commission as a significant turning point. This ruling determined that a notice of non-permission based on the prescribed form in the “Rules on Archiving of Prosecution Service” was procedurally unlawful for violating the obligation to present specific reasons under the Official Information Disclosure Act. The subsequent revision to the Rules are also discussed. Finally, this paper emphasizes the self-regulatory function and constitutional value of administrative appeals.