지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
What is the most basic and important thing to realize people's right to know can be said to allow the administrative information of government to be properly disclosed through application for it. But the fact is that information related to the individual's benefit and protection of the law is much included in administrative information. The results of the rapidly developing information and communications revolution is occasioning new legal discussion such as the problem of the infringement of human rights arising from the distribution of information and especially the problem of the legal protection of individual information including the holding of information.
The Administrative Information Disclosure Law is intended to meet people's right to know and implement open adminstration through the transparency of public administration by disclosing to people the administrative information handled by government. In response to it, the Individual Information Protection Law is operated for the purpose of protecting individual information from public agencies. According to the current Administrative Information Protection Law, the principle is to disclose all administrative information to people and to disclose individuals' information by dividing them into the information subject to disclosure and non-disclosure. But this requirement is all-encompassing and give rise to the controversy over its interpretation. It is what criterion of judgement to apply in case there occurs the conflict between the public interest and the private interest. As both of them is the problem of the basic right stipulated in the Constitution, it is desirable to coordinate them through the legislation of the limitation on each of their basic rights. Even so, it is not right to put restriction only on the basic right of either of them without due regard for that of the other.
The principle of weighing the benefit and protection of the law may not be the absolute criterion in coordinating between the benefit and protection of the law for administrative information disclosure and that of private information disclosure but is thought to be the primary solution. Accordingly, it is necessary to primarily apply the principle of weighing the benefit and protection of the law for both of them but if difficult to apply it, to apply the principles capable of supplementing it.
Government should disclose its administrative information to people in order to realize democracy, implement protection through the raising of transparency and realize people's right to know guaranteed in the Constitution. But government should not make a decision over disclosure/non-disclosure of its administrative information at its own arbitrary discretion but present the clear-cut criterion for judgement over it.
The Administrative Information Disclosure Law revised this time is thought to reflect and resolve several problems that have been raised for the years. But In relation to the protection of private information, it has still not resolved the several problems raised in Para. 6 of Subsec. 1 of Sec. 9 of the Law providing for the information subject to non-disclosure in the Administrative Information Protection Law . Its revision is prompted as soon as possible, but it is necessary to approach the method that can achieve the original purpose of the administrative information disclosure system without neglecting the protection of private information by presenting the criterion for more specific and reasonable disclosure and non-disclosure in the lower laws and regulations at the current point in time.
The Administrative Information Disclosure Law is intended to meet people's right to know and implement open adminstration through the transparency of public administration by disclosing to people the administrative information handled by government. In response to it, the Individual Information Protection Law is operated for the purpose of protecting individual information from public agencies. According to the current Administrative Information Protection Law, the principle is to disclose all administrative information to people and to disclose individuals' information by dividing them into the information subject to disclosure and non-disclosure. But this requirement is all-encompassing and give rise to the controversy over its interpretation. It is what criterion of judgement to apply in case there occurs the conflict between the public interest and the private interest. As both of them is the problem of the basic right stipulated in the Constitution, it is desirable to coordinate them through the legislation of the limitation on each of their basic rights. Even so, it is not right to put restriction only on the basic right of either of them without due regard for that of the other.
The principle of weighing the benefit and protection of the law may not be the absolute criterion in coordinating between the benefit and protection of the law for administrative information disclosure and that of private information disclosure but is thought to be the primary solution. Accordingly, it is necessary to primarily apply the principle of weighing the benefit and protection of the law for both of them but if difficult to apply it, to apply the principles capable of supplementing it.
Government should disclose its administrative information to people in order to realize democracy, implement protection through the raising of transparency and realize people's right to know guaranteed in the Constitution. But government should not make a decision over disclosure/non-disclosure of its administrative information at its own arbitrary discretion but present the clear-cut criterion for judgement over it.
The Administrative Information Disclosure Law revised this time is thought to reflect and resolve several problems that have been raised for the years. But In relation to the protection of private information, it has still not resolved the several problems raised in Para. 6 of Subsec. 1 of Sec. 9 of the Law providing for the information subject to non-disclosure in the Administrative Information Protection Law . Its revision is prompted as soon as possible, but it is necessary to approach the method that can achieve the original purpose of the administrative information disclosure system without neglecting the protection of private information by presenting the criterion for more specific and reasonable disclosure and non-disclosure in the lower laws and regulations at the current point in time.
목차
Ⅰ. 硏究의 目的
Ⅱ. 個人情報保護法制와의 關係
Ⅲ. 기타 行政法上의 諸問題
Ⅳ. 맺음말
參考文獻
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