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Information Subject to Non-Disclosure

Procedures for Disclosing Informatiion

  1. Information Subject to Non-Disclosure
    1. All information that is held and managed by public institutions shall be disclosed to the public: Provided, That the information falling under each of the following subparagraphs may not be disclosed to the public:
      1. 1. Information that is classified as a matter that needs to be kept secret or closed under orders given under this and other Acts (limited to the rules of the National Assembly, the rules of the Supreme Court, the rules of the Constitutional Court, the rules of the National Election Commission, the Pre- sidential Decree and municipal or local ordinances);
      2. 2. Information pertaining to matters such as the national security, the national defense, unification, diplomatic relations, etc., which, if disclosed, is feared to seriously undermine national interests;
      3. 3. Information which if disclosed, is feared to seriously undermine the protection of the people’s lives, physical safety and properties;
      4. 4. Information pertaining to matters such as a trial in progress, the prevention and investigation of crimes, the institution and maintenance of indictments, the execution and correction of sentence and security disposition, which if disclosed, carries a reasonable probability of making it difficult to perform duties or infringing on the right of any criminal defendant to stand a fair trial;
      5. 5. Information pertaining to matters such as audit, supervision, inspection, tests, regulations, tende- ring contract, the development of technology, the management of personnel affairs, decision- making processes and internal review processes, etc., which if disclosed, carries a reasonable possibility of seriously impeding the proper performance of work as well as research and development;
      6. 6. Information pertaining to matters such as names and resident registration numbers, etc. of indivi- duals, which if disclosed, is feared to infringe on the secrets or rights to their privacy: Provided, That information pertaining to individuals, which falls under each of the following subparagraphs, shall be excluded:
        1. (a) Information that is needed to be disclosed in order to protect the lives, physical safety and health of persons from dangers arising from their business activities; and
        2. (b) Information that is produced or acquired by public institutions for the purpose of publication and does not illegally infringe on secrets and individuals’ rights to privacy;
        3. (c) Information that is produced or acquired by public institutions, the disclosure of which is deemed necessary to remedy the public interest or individuals’s rights;
        4. (d) Information pertaining to names and positions of public officials who have completed their offi- cial service; and
        5. (e) Information pertaining to names and occupations of individuals who have been entrusted or commissioned by the State or local governments with part of the latter’s official service or to completed part of the latter’s official service under the conditions as prescribed by Acts and subordinate statutes, the disclosure of which is necessary for the public interest;
      7. 7.Information pertaining to matters such as management and trade secrets of corporations, organi- zations or individuals (hereinafter referred to as “corporations”), which if disclosed, is feared to seriously undermine the legitimate interests of the corporations, etc: Provided, That the information falling under each of the following items shall be excluded:
        1. (a) Information that is needed to be disclosed in order to protect the lives, physical safety and health of persons from dangers arising from their business activities; and
        2. (b) Information that is needed to be disclosed in order to protect the people’s personal property or lives from illegal and unjust business activities; and
      8. 8. Information, the disclosure of which is feared to spark acts of specula- tion in real estate and the act of cornering and hoarding real estate, etc., bringing profits or losses to specific persons. (2)In the event that the information falling under each subparagraph of paragraph (1) is no longer needed to be kept concealed on the grounds of the passage of a fixed period, etc., the rele- vant information shall be disclosed to the public.

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