🚨 Information Disclosure Request: Citizens' Right to Know and Government Transparency

Today Korean Social News | 2025.05.05

📌 Citizens Demand Truth Through Information Disclosure Requests Amid Supreme Court's "Fast-Track Verdict" Controversy

💬 Controversy erupted when the Supreme Court overturned and remanded a former presidential candidate's election law violation case after just 9 days of review. When questions arose about whether the justices properly examined the 70,000-page record, citizens submitted over 25,000 information disclosure requests in just two days. These citizens demanded access to the justices' document access logs, highlighting the importance of the information disclosure system as they sought transparency in the judicial process.

Summary

• An information disclosure request is a system that allows citizens to ask public institutions to release information they hold.
• All citizens can request information from government agencies based on their right to know.
• This is an important tool for civic participation that improves government transparency and accountability.

1️⃣ Definition

Information disclosure request refers to a system that allows citizens to request public institutions to disclose information they possess and manage. Simply put, it's a system that lets citizens request and view information held by national or local government agencies.

This is a key mechanism of democracy that guarantees citizens' 'right to know' and increases the transparency of government activities.

💡 Why is it important?

• It increases administrative transparency and accountability.
• It guarantees citizens' right to know and participate.
• It helps build trust in government.
• It helps prevent corruption and improve public services.

2️⃣ Features and Procedures of Information Disclosure Requests

📕 Features and Legal Basis

• Information disclosure requests stem from constitutional rights. The legal basis for information disclosure requests is as follows:

  • It is based on the 'right to know' in Article 21 of the Constitution and is guaranteed by the "Act on Disclosure of Information by Public Agencies."
  • All citizens (including foreigners) can request information disclosure regardless of their identity or purpose.
  • The law states that "information held and managed by public institutions must be actively disclosed to guarantee citizens' right to know."

• The scope of information disclosure requests is very broad. The range of information that can be requested includes:

  • All forms of materials created, acquired, and managed by public institutions in their official capacity, including documents, drawings, photos, films, tapes, disks, etc.
  • Most public entities are included, such as central administrative agencies, local governments, public institutions, local public enterprises, and schools at all levels.
  • However, information related to national security, personal privacy, or ongoing investigations may be exempt from disclosure.

📕 Information Disclosure Request Procedures and Methods

• Information disclosure requests can be made in various ways. The main request methods are:

  • Online: Requests can be easily made through the 'Information Disclosure Portal (www.open.go.kr)'.
  • Visit/Mail/Fax: Requests can be submitted by visiting public institutions in person or by mail or fax.
  • Verbal: For simple information, requests can be made verbally, and the staff will record it.

• The information disclosure request process involves several steps. The main procedures are:

  • Application receipt: The institution begins processing upon receiving the request.
  • Information review: The responsible department decides whether to disclose (within 10 days, extendable by 10 days for complex cases).
  • Decision notification: The requester is notified of the decision to fully disclose, partially disclose, or not disclose.
  • Information provision: If disclosure is approved, information is provided in the format requested.
  • Appeal procedures: If dissatisfied with the decision, the requester can file an appeal, administrative review, or administrative lawsuit.

• Information disclosure requests may incur certain costs. The main costs are:

  • Viewing information is basically free.
  • Fees may be charged for copying, printing, or file duplication at actual cost.
  • Electronic file information is often provided for free.
  • Postal charges apply for mail delivery.
  • Fee reductions are available for socially vulnerable groups (basic livelihood recipients, etc.).

Key Issues in Information Disclosure Requests

1. Misuse of non-disclosure reasons: Some institutions refuse to provide information by citing broad non-disclosure reasons.
2. Formal disclosure: In some cases, excessive processing or deletion of key content reduces the actual value of the information.
3. Long processing times: Complex cases may exceed the legal processing deadline.
4. Fee burden: High fees for requesting large amounts of information may limit access to information.
5. Conflict with personal information: There are balance issues between public interest and personal information protection.

3️⃣ Current Status and Application Cases

✅ Current Status of Information Disclosure Requests

• The number of information disclosure requests continues to increase. The main trends are:

  • As of 2024, there are about 1.3 million information disclosure requests annually, an increase of about 40% from five years ago.
  • Requests to local governments account for a larger share than those to central administrative agencies.
  • Online requests make up over 85% of all requests and continue to increase.
  • The disclosure rate is about 92%, with 80% full disclosure, 12% partial disclosure, and 8% non-disclosure.
  • Use of appeal procedures for non-disclosure decisions is increasing, and court rulings are becoming more favorable to information disclosure.

• Information disclosure requests are being used in various fields. The main areas of use are:

  • Budget/Finance: Government and public institution budget execution details, construction contracts, expense documentation, etc.
  • Environment: Environmental impact assessment reports, pollution emission data, permit-related documents, etc.
  • Administration: Policy decision processes, meeting minutes, administrative disposition details, etc.
  • Education: School operation status, education expense execution details, admission-related statistics, etc.
  • Judiciary: Court decisions, investigation records, court/prosecution operation status, etc.

✅ Major Use Cases

• It is being used as a monitoring tool by civil society. Representative examples include:

  • Civil organizations have discovered and publicized problems with the Four Major Rivers Project, nuclear power plant safety, and large national projects through information disclosure requests.
  • Media outlets investigate and report on government policy effectiveness, budget waste cases, and public official corruption through information disclosure requests.
  • Recently, information disclosure requests have been actively made regarding COVID-19 prevention policy decision processes and vaccine contract details.

• It is also used as a means to protect individual rights. Everyday use cases include:

  • Checking real estate development information and urban planning changes to protect property rights.
  • Checking the basis for administrative dispositions to respond to unfair treatment.
  • Obtaining relevant information when making suggestions or filing complaints for improving public services.
  • Job seekers use it to verify the transparency of public institution hiring processes.

• The recent large-scale information disclosure request case related to Supreme Court rulings is attracting attention. The main details are:

  • After controversy over the Supreme Court's "fast-track verdict," citizens requested information disclosure on the justices' document access logs, deliberation schedules, and judgment writing processes.
  • More than 25,000 information disclosure requests were filed in just two days, showing citizens' interest in judicial transparency.
  • The Court Administration Office decided to disclose some information but not to disclose individual justices' reading records, citing judicial independence and personal information protection.
  • Civil organizations are emphasizing the "right to know" and "judicial transparency" and are proceeding with appeal procedures.

4️⃣ Related Terms Explanation

🔎 Right to Know

• The right to know is a constitutional right that allows citizens to access government information.
• The right to know refers to the right of citizens to access and know information held by the state or public institutions. Although not explicitly specified in the Constitution, it is recognized as a basic right derived from freedom of expression in Article 21 of the Constitution.
• The main contents of the right to know include: first, the right to access information held by public institutions; second, the right to collect information freely from various sources; and third, the right to receive information.
• The right to know is a fundamental right that forms the basis of democracy, essential for citizens to monitor government activities and participate in policy-making processes. The information disclosure request system is a specific means of realizing this right to know.

🔎 Non-Disclosure Information

• Non-disclosure information is information that could harm the public interest or rights if disclosed.
• Non-disclosure information refers to information that may not be disclosed according to Article 9 of the Information Disclosure Act. The law stipulates eight types of non-disclosure information.
• Major non-disclosure information includes: first, information related to national security and diplomacy; second, information related to trials and investigations, such as ongoing trials or investigations; third, personal information that could infringe on privacy and freedom; fourth, business and trade secrets that could harm the legitimate interests of corporations or organizations; fifth, information in decision-making processes that could hinder fair work performance if disclosed.
• However, non-disclosure decisions are only possible under strict conditions, and information must be disclosed if the "public interest in disclosure" is greater than the "interest to be protected." Information for which non-disclosure reasons have expired should also be actively disclosed.

🔎 Information Disclosure Committee

• The Information Disclosure Committee is a committee under the Ministry of the Interior and Safety that reviews information disclosure policies.
• The Information Disclosure Committee is a committee under the Ministry of the Interior and Safety established to review policy formulation and system improvement related to information disclosure. It consists of 9 members including the chairperson, with participation from government department officials and private experts.
• The main functions of the Information Disclosure Committee include: first, reviewing matters related to policy formulation and system improvement for information disclosure; second, addressing matters related to establishing standards for information disclosure; third, evaluating information disclosure operation status and developing improvement measures; fourth, recommending improvements to unreasonable systems and operations related to information disclosure.
• While the Information Disclosure Committee does not make decisions on individual information disclosure requests, it plays an important role in setting the overall direction of information disclosure systems and raising the level of information disclosure by public institutions.

5️⃣ Frequently Asked Questions (FAQ)

Q: I want to make an information disclosure request. What kind of information can I request?

A: Basically, you can request all information that public institutions possess and manage as part of their duties. You can request documents, drawings, photos, electronic files, etc., regardless of their form. For example, you can request local development plans, budget execution details, permit documents, meeting minutes, and statistical data. However, information related to national security, ongoing investigations, personal information, and trade secrets may be exempt from disclosure. When making a request, it's important to specify the information you want as precisely as possible. Rather than broadly requesting "all materials related to the OO project," you're more likely to receive the information you want if you write specifically, such as "budget execution details for the OO project in 2024." It's also helpful to first search for previously disclosed information on the Information Disclosure Portal (www.open.go.kr).

Q: I received a non-disclosure decision after my information disclosure request. How can I respond?

A: If you're dissatisfied with a non-disclosure decision, you can use the following appeal procedures. First, you can file an objection. If you submit an objection to the institution within 30 days of receiving the non-disclosure decision, the institution must decide within 7 days. Second, you can request an administrative review. You can request an administrative review if you're dissatisfied with the objection result or even without filing an objection first. You can submit this to the Central Administrative Appeals Commission or a Local Administrative Appeals Commission. Third, you can file an administrative lawsuit. You can file a lawsuit without going through administrative review or after being dissatisfied with the administrative review result. Additionally, if information was withheld without a clear reason, you can file a complaint with the Anti-Corruption and Civil Rights Commission or submit a petition to the National Human Rights Commission. Getting help from civil organizations or looking up similar precedent cases are also effective response methods.

Q: How can information disclosure requests help individuals in everyday life?

A: Information disclosure requests can be used in various ways in everyday life. First, they help protect property rights. You can check information that affects property values, such as development plans around your residence, urban planning changes, and road construction. Second, you can get education-related information. You can check school operation status, meal information, and education expense execution details for reference in your children's education. Third, you can get health and environment information. You can check local environmental pollution measurement data, food safety inspection results, and medical institution evaluation information. Fourth, you can use it for job preparation. You can refer to public institution hiring statistics, interview evaluation criteria, and successful applicant information. Fifth, you can respond to administrative dispositions. You can check the basis for administrative dispositions such as fines and penalties to respond to unfair treatment. Information disclosure requests are a practical tool for exercising rights as a citizen in a democratic society and solving everyday problems.