정보공개법상 비공개정보의 범위에 관한 비교법제적 연구 - 한·미·영·일을 중심으로 -

• 영문명: A Comparative Law Enactment Study on Exemption to Disclosure of Korean Information Disclosure Act (Freedom of Information Act) : Focusing on Korea, the United States, the United Kingdom and Japan.
• 발행기관: 한국헌법학회
• 저자명: 유일상(Ryu Il-Sang)
• 간행물 정보: 『헌법학연구』憲法學硏究 第11卷 第3號, 445~486쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.09.01

영문 초록

The main purpose of the study is to analyze exemption to disclosure clauses of the Information Disclosure Act of Korea and compare it with those of Japan, the United States and the United Kingdom. The method of legal research employed in this study include examining the precedent and legal reasoning. The major findings of the study are as follow; First, exemption to disclosure clauses in Korea are substantially different from those of the United States and share more similarities to those of Japan, although greatly influenced by the U.S. law. Meanwhile, in Britain, as many as 23 disclosure exemption clauses have been stipulated under the Freedom of Information Act, which ascribes it to the long-held tradition of administrative secrecy. Second, the 8 classified exemption to disclosure informations of Korea are not mutually exclusive, leaving much room for being interpreted arbitrarily by public agencies on the clauses from their own angles. Third, informations classified as confidential or exemption to disclosure are strictly protected under the current law in Korea. However, it is recommended, classification procedures of defining the scope of secrecy need to be supplemented and such exemption to disclosure clauses should be amended in a way that the substantiality of secrecy is verified, as the U.S. law mandates. Fourth, under the subterfuge of transparent administration of public affairs, authorities might overly restrict the disclosure, making it difficult to obtain information which should be readily accessible to the public. Fifth, in relation to protecting private information, exemtion to disclosure clauses which prohibit disclosing an personal name and resident registration number are deemed to be insufficient. Therefore, not only to protect privacy, but also to enhance basic rights of human-being for deciding on self-information disclosure, the specifically defined categories of personal information such as an individual's medical information, financial information, or educational information, would be a more efficient alternative. Sixth, while the disclosure exemptions of corporate information are restricted exclusively to manufactural and technical information in the United States, the Korean law seems to be overly protective by prohibiting disclosure of any business information interfering with corporate profit-making. Therefore, legislative revisions need be made so that interests of disclosure exemption can be tested ad hoc balancing against those of disclosure, as seen in Japanese law. Finally, Korea and U.S. laws show differences in defining exemption to disclosure information : Korea classifies information about real estate as a special exemption to disclosure, while oil and gas wells information critical for a public good is strictly confidential in the United States. As far as real estate information is concerned, just like Japan, disclosure of some informations may be required for the purpose of a public good so that Korean government can have some leeway to curve the rampant real estate speculation. This study may not only be set for the future amendment to the Information Disclosure Act which is relatively new in Korea but also resolve legal disputes more efficiently.

목차

Ⅰ. 서론

Ⅱ. 각국의 정보공개(자유)법에 열거된 비공개정보의 내용

Ⅲ. 각 국의 비공개 정보에 대한 법규와 판례의 항목별 비교와 분석

Ⅳ. 결론

참고문헌

요약문

Abstract