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학위논문 동서

알권리 보장을 위한 정보공개법의 특징에 관한 연구

이종언

부산 : 동아대학교 2000

ii,104p ; 27cm

학위논문(석사) 동아대학교 언론홍보대학원 : 신문방송학과, 2000.

영문초록 : The Study about the Feature of FOIA(Freedom of Information Act) to Guarantee the Right to Know FOIA(Freedom of Information Act) is also established in Korea in January in 1998 and it takes effect. But because of the lack of advertising to korean people and the problem of legal formalities, korean people have little understanding of FOIA(Freedom of Information Act) and it is not put to practical use. To realize popular sovereignty, the proposition of democracy, people's broad pursuit about the information and their approach of national administration are actually supported. And for the clearness of administration, the law or system to open to the public most be improved. So in this paper, FOIA (Freedom of Information Act) will be examined to establish for the right to know. To guarantee the right to know, we have to consider what legal and system improvement are preceded. To protect national security and interest, as well as the right to know, the purpose of this paper is to show the standard of opening information with the elements of mutual conflicts through the foreign FOIA(Freedom of Information Act). To accomplish the purpose of study above, korean, american, european and japanese legal basis and precedent will be compared with and examined. Accordingly, the right to know and government's standards of opening the information are discussed by comparing and examining american, european, japanese and korean theories, precedents and papers about the laws. To accomplish the purpose of the study above, the following questions for study are established. [question 1] What are the background and legal basis about american, european, japanese and korean rights to know and information opening system? [question 2] How is the condition of opening the information low in our country and what has to be improved, compared with foreign FOIA(Freedom of Information Act)? The following result about the study is gained by studying above the purpose. The position as an constitutional organic law of opening the information is spoken for the right to know and the right is spoken for constitutional popular sovereignty(Article l), human dignity and value, the right to pursuit of happiness(Article l0), the freedom of express(Article 21) and the right to live as a human(clause 1, Article 34). Today the right to know appears as the practical task, so when we understand the essence of the right indispensable, the right to know have to be regarded not only as an organic law in a right of claim but synthetic organic law. Most of all, through the decision in Constitutional Court, through the fact there is no rule in the positive law, to judge people's right to ask opening the information from the right to know- it has constitutional value- is important determination to give as a security to effectiveness of the right. The country doesn't welcome to establish FOIA(Freedom of Information Act) in 1994 but there is big convenience in its contents and organization. First, in the course of legislation in 1995 being much modified in course information opening committee system is abolished and to take the way of saving the right through administration decision committee's are administration decision also inconvenient. Also, it is good to reduce government's non opening information in the process of consideration in the National Assembly and to express the word of law clearly and concretely. But existence of an exception to the rule(clause 3, Article 4), introduction of not the step in general administration decision(Article 17), and recognition of formal decision about special information(clause 3, Article 18) must be reconsidered for original purpose of information opening law for in the point of view in comparing. Especially, an exception to the rule goes too far the point of view in bias, so it must be revised. Moreover, argue the law about opening the information of public agency must be ruminated. Whether it meets the computer information age. There is no article connecting computer information, except(Article 2) "Recorded items in media by computer.'' Future, legislative confrontation that consider's information surroundings in computer age is required.

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