ScholarWorks@숙명여자대학교

초록

Korea’s Information Disclosure Act was enacted pioneering in East Asia and is developing dynamically. However, looking back on the reality of the information disclosure request, it is not easy to determine the scope of the ‘information’ that is the subject of the information disclosure. In addition, it is true that there are not a few cases where the claimants’ requests for disclosure of information are inclusive, obscure or unclear, and there are many difficulties surrounding the interpretation of the object of disclosure. In this situation, comparison with foreign legislation can help a lot in solving the difficult problem at hand. Germany’s Freedom of Information Act was enacted on September 5, 2005, and was enacted relatively late among member states of the European Union. However, today, in addition to the federal Freedom of Information Act, not only state’s Freedom of Information Acts have been enacted, but some states have also enacted so-called ‘Transparency Act’ to actively recognize information disclosure. In Germany, in particular, due to the rise of the 4th industrial revolution and innovation in digitalization, interest in information disclosure and data utilization in the public sector is increasing. In the Germany’s Federal Freedom of Information Act, the person obligated to disclose information also includes the person entrusted public affairs. This point is not clear in the Korea’s Information Disclosure Act, but in a situation where delegation or entrustment of public tasks to private persons is increasing, it is necessary to provide for at least a request for information disclosure to persons entrusted public service, which are legal entities. The Germany’s Federal Freedom of Information Act divides the subject of exemption to disclosure of information into the protection of special public interest, protection of the decision-making process of administrative agencies, protection of personal information, and protection of mental property and trade secrets. In Korea, there is also an issue as to whether it falls under the decision-making process or internal review process as a non-disclosure subject in practice. However, in Germany, drafts, preparations, advice, and advice for administrative decisions are regarded as exemption to disclosure of information. Although there is no “information disclosure council” in Germany, Relief of rights for refusal to disclose information rights remedies are sought through administrative appeals or administrative litigation. In particular, it is characterized by the use of mandatory injunction (Verpflichtungsklage) for information nondisclosure. In addition, the Germany’s Freedom of Information Act has provisions on the ‘duty of publication’, and it requires that an information registration ledger be prepared and published. In particular, there are cases in which special disclosure obligations are stipulated according to the circumstances of the state. Lastly, in order to prevent misuse and abuse of information disclosure requests, there is a provision to deny disclosure of information if it may result in excessive administrative costs. For instance, in cases where administrative expenses are too high compared to the applicant’s interests for information disclosure, or when it is difficult to perform administrative tasks normally due to a request for a large amount of information or data, it is necessary to be introduced into Korea’s Information Disclosure Act with reference to these provisions.

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