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논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국외국어대학교 법학연구소 외법논집 외법논집 제30호
발행연도
2008.1
수록면
393 - 413 (21page)

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The aim of Information Act in korea is securing the right to know from constitution. whether a state have a legal system of Freedom of Information or not, it has become a important standard of Democratic system. Korea is the one of advanced countries with well-made Information opening system. It has very good influence on democracy of korea. we established information opening act institution 1996 at first (12th legitimated country of the world). it proves to be lands of democracy that country' own information must open to nation. nation's right to know is not on written constitution. but it is recognised as constitutional right based on 21 clause (right of freedom of speech). though this right is not written on constitution, it includes asess, collecting right to origin of information , petition of asking for opening information which belong to state. the debate whether this right is real active right no based on law or nor have developed steadily. finally constitutional court ruled that right to know is secured on 21th clause directly. However, the recent Information act system is not perfect. for instance, a vague and a vast range of closed information. therefore, It weakens nation's right to know. Of course, steady revising of system is praised on the large side, because of Electronic methods, establishing the ruling Committee of Information opening, regular opening system of government controlling. The court have ruled in direction to secure the right of person who ask for opening information against government dor public institutions. originally, every information which belong to public agencies is nation's poverty regarding as principle of nation sovereignty. therefore In forwarding, though Information Act keep revising steadily, always should be open to public who want to. because Government considers mechanical efficiency, order, hierarchy system, security as crucial things, they tend to reject to ask for open information which keep in. same as another countries which have information act. that is due to a secretism. for improving Information act system, nation must steady concern to this legal system. the confrontation of cons& pros about revising this system reflects court's rules relevant to information opening act and draft for legitimacy through constructive communication each other, after this, contribute advanced information opening system.

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