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Procedures for Objection and Remedy

PROCEDURES FOR OB - JECTION AND REMEDY

  1. Raising of Objections
    1. (1) When any applicant is dissatisfied with a decision made by any public institution not to disclose infor- mation or a decision made by any public institution to partially disclose information, he may raise an objection in writing to the relevant public institution within 30 days from the date on which he receives a notice on whether or not to disclose the information or from the date on which it is deemed to decide not to disclose the information under Article 11 (5).
    2. (2) The relevant public institution shall decide on the objection raised and promptly notify the applicant in writing of such decision within 7 days from the date on which it receives the objection raised: Provided, That when the relevant public institution is unable to make the decision within the fixed period on the grounds of inevitability, the relevant public institution may extend the fixed period by no more than 7 days as calculated from the day following the date on which the fixed period expires and notify the applicant of the grounds for extending the fixed period.
    3. (3) Every public institution shall, when it decides to turn down or dismiss any objection raised, notify the relevant applicant of the purport that he may file for an administrative appeal or an administrative hearing when it notifies the applicant of its decision under paragraph (2).
  2. Administrative Appeal
    1. (1) When any applicant is dissatisfied with a decision made by any public institution in connection with information disclosure, he may file for an administrative appeal under the conditions as prescribed by the Administrative Appeals Act. In that case, adjudicating agencies in charge of dealing with decisions made by public institutions in connection with information disclosure, with the exception of State agencies and local governments, shall be the heads of central administrative agencies concerned or the heads of local governments.
    2. (2) Every applicant may file an administrative appeal without going through the procedures for filing admi- nistrative appeals required by Article 18.
    3. (3) Any member who is involved in administrative appeals of decisions on whether or not to disclose info- rmation 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.
    4. (4) The members of the Administrative Appeal Committee referred to in paragraph (3) shall be deemed public officials in the application of the Criminal Act and the penal provisions of other Acts.
  3. Administrative Litigation
    1. (1) When any applicant is dissatisfied with a decision made by any public institution in connection with info- rmation disclosure, he may file for an administrative hearing under the conditions as prescribed by the Administrative Litigation Act.
    2. (2) The presiding judge may, if deemed necessary, persue or examine the information, the disclosure of which is requested, in private, without enrolling parties therewith
    3. (3) In the event that a disposition is taken to keep concealed or partially disclose the infor-mation pertaining to national security, national defense or diplomacy that is subject to the administrative litiga- tion from among the information provided for in Article 9 (1) 2 and the relevant public institution sub- stantiates procedures for classifying the information and setting the levels, types and nature of the classification, practical reasons for keeping the information secret and the grounds for not disclosing the information, etc., the presiding judge may order that the relevant information not be submitted.
  4. Request Made by Thiry Party for Keeping Information Concealed
    1. (1) Any third party who is notified of the fact of a request made for disclosing information under Article 11 (3) may ask the relevant public institution not to disclose the information pertaining to that person within 3 days from the date of receipt of notification of the fact.
    2. (2) Notwithstanding the request made by the third party not to disclose the information under paragraph (1), if any public institution decides to disclose such information, such public institution shall promptly notify in writing the third party of its decision to disclose the information, explicitly indicating the reason for deciding to disclose the information as well as the date of information disclosure, and the third party may raise an objection in writing to the relevant public institution or file for an administra- tive appeal or an administrative hearing. In this case, the third party shall raise an objection within 7 days from the date of notification of the decision.
    3. (3) The relevant public institution shall give an interval of at least 30 days between the date on which the decision is made to disclose the information under paragraph (2) and the date on which the information is disclosed.

INFORMATION DISCLOSURE COMMITTEE

  1. Establishment of information Disclosure Committee
    • The Information Disclosure Committee (hereinafter referred to as the “Committee”) shall be established under the Minister of Public Administration and Security with the mandate to deliberate on and coordinate matters falling under each of
      the following subparagraphs:
      1. 1. Matters concerning the formulation of an information-disclosure policy and the improvement of the current information-disclosure system;
      2. 2. Matters concerning the setting of information-disclosure standards;
      3. 3. Matters concerning the evaluation of the actual operational state of information disclosure by public institutions under Article 24 (2) and (3) and ways of dealing with findings from the evaluation; and
      4. 4. Other matters prescribed by the Presidential Decree with respect to information disclosure.
  2. Composition of Committee, etc.
    1. (1) The Committee shall consist of 9 members, including one chairman and one vice chairman.
    2. (2) Committee members shall be the persons falling under each of the following subparagraphs. In this case, 5 members, including the chairman, shall be commissioned from among persons who are not
      public officials:
      1. 1. Vice ministers or public officials of Grade I in rank all of whom work for relevant ministries and agencies prescribed by the Presidential Decree;
      2. 2. Persons of profound learning and experience in information disclosure who are commissioned by the Minister of Public Administration and Security; and
      3. 3. Persons who are first recommended by civil groups (referring to civic organizations provided for in Article 2 of the Assistance for Nonprofit Non Government Organizations Act) and are later commissioned by the Minister of Public Administration and Security .
    3. (3) The terms of office for the chairman, the vice chairman and the members shall be 2 years and may be recommissioned: Provided, That the terms of office for public officials shall be the period during which they serve as public officials while holding their respective positions.
    4. (4) The chairman, the vice chairman and the members shall be prohibited from divulging information they have obtained while performing their respective information-disclosure duties or from committing the act of profiting personally from such information or compromising the interests of other persons using such information.
    5. (5) Any chairman, vice chairman or member who is not a public official shall be deemed a public official in the application of the Criminal Act and the penal provisions of other Acts.
    6. (6) Necessary matters concerning the composition and operation of the Committee and procedures for resolution, etc. shall be prescribed by the Presidential Decree.
  3. Overall Control of Systems, etc.
    1. (1) The Minister of Public Administration and Security shall exercise overall control of policy formulation, system improvements and planning, etc. involving the disclosure of information under this Act.
    2. (2) The Minister of Public Administration and Security may, upon receiving a request from the Committee for the need to efficiently operate the information-disclosure system, assess the actual state of the information-disclosure system operated by public institutions (excluding the National Assembly, courts, the Constitutional Court and the Central Election Commission).
    3. (3) The Minister of Public Administration and Security shall, if he makes the assessment referred to in paragraph (2), publish findings of the assessment after reporting them to the State Council through the Committee and with respect to matters that are recommended by the Committee as being necessary to be improved, the Minister of Public Administration and Security shall ask public institutions concerned to take measures to make such improvements.
  4. Request for Submitting Material
    • The Secretary General of the National Assembly, the Minister of the Court Administration, the Secretary General of the Constitutional Court, the Secretary General of the National Election Commission and the Minister of Public Administration and Security may, if deemed necessary, ask public institutions to cooperate with them in submitting material, etc. concerning the disclosure of informa- tion.
  5. Report to National Assembly
    1. (1) The Minister of Public Administration and Security shall make a report on the operation of information disclosure during the preceding year to the National Assembly every year before the ordinary session of the National Assembly opens.
    2. (2) Necessary matters concerning the compilation of the report referred to in paragraph (1) shall be prescribed by the Presidential Decree.
  6. Provisions concerning Delegation
    • Matters necessary to implement this Act shall be prescribed based on 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 and the Presidential Decree.

ADDENDA

  1. (1) (Enforcement Date) This Act shall come into force beginning the date on which 6 months have elapsed after its promulgation: Provided, That the amended provisions of Article 8 (1) shall enter into force beginning the date on which one year and six months have elapsed after its promulgation.
  2. (2) (Preparations for Establishment of Committee) The Minister of Public Administration and Security may perform administrative work necessary to establish the Committee and to select and appoint its members, etc. in accordance with the amended provisions of Articles 22 and 23 prior to the enforcement of this Act.
  3. (3) (Application Example concerning Shortening of Period, etc. for Deciding on Whether or Not to Disclose Information) The amended provisions of Article 11 shall apply, starting with the first request that is made for disclosing information after the enforcement of this Act.

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