🚨 Right to Know: Foundation of Democracy and Citizens' Basic Rights

Today Korean Social News | 2025.07.05

📌 Special Prosecutor Claims 'Right to Know' But Can't Submit Indictment to Parliament

💬 Special Prosecutor Jo Eun-seok's team has filed additional charges against former Defense Minister Kim Yong-hyun, but Parliament cannot receive the special prosecutor's indictment. Since the special prosecutor is not under the Ministry of Justice, they cannot follow existing document submission procedures, and Parliament is considering alternative measures such as requesting explanations. This case shows a clear contradiction between citizens' 'right to know' and institutional limitations. While the special prosecutor has emphasized citizens' right to know during the investigation, there is no proper institutional mechanism to report investigation results to Parliament, which represents the people.

Summary

• The right to know is the basic right of citizens to access information from government and public institutions.
• It is a key principle that ensures government transparency and accountability in democratic society.
• It is realized through freedom of information requests, press freedom, and freedom of expression.

1️⃣ Definition

Right to Know means the basic right of citizens to access information held by the government and public institutions. Simply put, it's the right to know what the government is doing, what decisions they make, and how our tax money is being spent.

This is an essential right for citizens in democratic society to participate in political processes, monitor the government, and make informed decisions.

💡 Why is it important?

• Ensures government transparency and accountability to develop democracy.
• Provides a foundation for citizens to make correct political judgments.
• Prevents corruption and checks abuse of public power.
• Enables better policy decisions through citizen participation.

2️⃣ Constitutional Basis and How to Realize the Right to Know

📕 Constitutional Foundation and Legal Basis

• The right to know is a basic right guaranteed by the Constitution. Main grounds include:

  • Article 21 of the Constitution guarantees freedom of speech and press, which includes the right to collect and share information.
  • The right to know comes from human dignity and the right to pursue happiness in Article 10 of the Constitution.
  • The principle of popular sovereignty in Article 1 of the Constitution provides the basis for the right to know information needed for citizen participation in politics.
  • The Constitutional Court explicitly recognized the right to know as a constitutional basic right in its 1989 decision.

• The right to know is realized through specific laws. Main laws include:

  • The "Act on Disclosure of Information by Public Agencies" (Freedom of Information Act) is the most important law.
  • The "Act on Press Arbitration and Remedy for Damage" guarantees press freedom.
  • The "Personal Information Protection Act" regulates the right to know about personal information processing.
  • The "Act on National Audit and Investigation" guarantees Parliament's right to request information.
  • Various administrative procedure laws also provide grounds for disclosing administrative information.

📕 Freedom of Information Requests and How to Use Them

• Freedom of information requests are the key way to realize the right to know. Main features include:

  • All citizens can request disclosure of information held by government agencies, local governments, and public institutions.
  • Requests can be made both online (through the information disclosure portal) and offline.
  • You don't need to explain why you want the information, just provide your real name.
  • Disclosure decisions must be made within 10 days of the request (can be extended).
  • You only pay actual costs (copying fees, mailing costs, etc.) for disclosure.

• There are effective ways to make information requests. Key tips include:

  • The more specific and clear your request, the higher the chance of disclosure.
  • Detailed requests work better than very broad requests.
  • If disclosure is denied, you can get help through appeals or administrative trials.
  • When disclosure is refused, specific reasons must be given.
  • Disclosed information can be used for both personal and public benefit purposes.

Main Limits and Challenges in Realizing the Right to Know

1. Misuse of Non-disclosure: Excessive non-disclosure using reasons like national secrets or personal information protection
2. Disclosure Delays: Not meeting legal deadlines or abusing extensions
3. Formal Disclosure: Hiding key content or only disclosing meaningless information
4. Digital Gap: Access problems for groups not familiar with online request systems
5. Lack of Disclosure Culture: Passive attitude of public officials toward information disclosure

3️⃣ Press Freedom and Freedom of Expression

✅ Relationship Between Press Freedom and Right to Know

• Press freedom is a key way to realize the right to know. Main relationships include:

  • The press collects and shares information on behalf of citizens.
  • Freedom of reporting is an indirect way to realize the right to know.
  • Through freedom of reporting, citizens can access various information.
  • The press's monitoring function helps increase government transparency.
  • Press independence must be guaranteed for the right to know to be properly realized.

• Press freedom also has certain limits. Main restrictions include:

  • Cannot violate individual privacy and personal rights.
  • Cannot freely disclose national secrets or investigation secrets.
  • Spreading false information or defamation can be punished.
  • There are certain restrictions for fairness during elections.
  • There may be restrictions to protect young people.

✅ Right to Know in the Digital Age

• The Internet and social media have changed how the right to know is realized. Main changes include:

  • Anyone can now produce and distribute information.
  • Access to information has greatly improved, allowing real-time access to various information.
  • New information providers like citizen journalists and one-person media have emerged.
  • Government and institutions also actively disclose information through websites and social media.
  • More information is being disclosed through big data and open data policies.

• New challenges have also emerged in the digital age. Main challenges include:

  • The spread of fake news and false information has raised concerns about information reliability.
  • Information overload makes it harder to filter important information.
  • Algorithm-based information bias and confirmation bias can be strengthened.
  • Finding balance between personal information protection and the right to know has become more important.
  • Information monopoly and censorship by platform companies have emerged as new issues.

4️⃣ Related Terms

🔎 Freedom of Information Request

• Freedom of information request is the right of citizens to demand information disclosure from public institutions.
• Freedom of information request means the legal right of citizens to request disclosure of information held by government agencies, local governments, and public institutions. This is the most direct way to realize the right to know.
• Main features of freedom of information requests include: First, there are no restrictions on who can make requests - all citizens can use it. Second, you don't need to explain why you want the information. Third, disclosure is the principle, and non-disclosure is only allowed in exceptional cases. Fourth, disclosure decisions must be made within 10 days. Fifth, there are remedy procedures for non-disclosure decisions.
• Freedom of information requests were introduced with the Freedom of Information Act in 1998, and hundreds of thousands of requests are made each year. The overall disclosure rate is maintained at over 80%, but there are differences between institutions. Recently, online request systems have been built, greatly improving accessibility.

🔎 Transparency

• Transparency means making the operations and results of government or organizations visible to the outside.
• Transparency means the state where government, public institutions, companies, etc. can disclose and explain their decision-making processes, operations, and performance to the outside. This is one of the key elements of democracy and good governance.
• Main elements of transparency include: First, information disclosure - actively disclosing relevant information. Second, accessibility - anyone should be able to easily access information. Third, understandability - disclosed information should be easy to understand. Fourth, timeliness - information should be disclosed at appropriate times. Fifth, reliability - disclosed information should be accurate and complete.
• Transparency brings effects like preventing corruption, strengthening accountability, increasing public trust, and improving policy effectiveness. Korea also operates various systems like the Freedom of Information Act, Anti-Corruption Act, and Public Official Ethics Act to improve transparency, and receives international evaluation through indexes like Transparency International's Corruption Perceptions Index.

🔎 Press Freedom

• Press freedom is the right to freely express and communicate thoughts and opinions.
• Press freedom means the right of individuals or media organizations to freely gather, edit, and report thoughts, opinions, and information. This is one of the basic rights that form the foundation of democratic society and is closely related to the right to know.
• Main contents of press freedom include: First, freedom of reporting - the right to collect information. Second, freedom of editing - the right to process and edit collected information. Third, freedom of reporting - the right to deliver completed information. Fourth, freedom of commentary - the right to express opinions on issues. Fifth, freedom of criticism - the right to monitor and criticize power.
• Press freedom is not unlimited and has limits such as individual personal rights, privacy protection, national secret protection, and maintaining public order. Korea guarantees press freedom in Article 21 of the Constitution and regulates specific content through laws like the Press Arbitration Act, Newspaper Act, and Broadcasting Act. The level of press freedom is evaluated by press freedom indexes published by international organizations.

5️⃣ Frequently Asked Questions (FAQ)

Q: Can ordinary citizens easily get government information?

A: Yes, ordinary citizens can easily get government information through freedom of information requests. According to the Freedom of Information Act, all citizens have the right to request disclosure of information held by government agencies, local governments, and public institutions. Requests can be easily made online through the information disclosure portal (www.open.go.kr), and are also possible through mail, fax, or direct visits. You don't need ID documents or special papers when making requests, just provide your real name. You also don't need to explain why you want the information. The relevant institution must decide whether to disclose within 10 days of the request, and if they disclose, you only pay actual costs like copying and mailing fees. If a non-disclosure decision is made, you can get help through appeals or administrative trials. However, be aware that national secrets, personal information, and investigation secrets are legally subject to non-disclosure.

Q: How should we balance the right to know and personal information protection?

A: Both the right to know and personal information protection are important values, so finding the right balance is crucial. The basic principle is that for public figures (public officials, politicians, etc.), the right to know takes priority for information related to public activities, while for ordinary people, personal information protection is more important. Specifically: First, judge whether the disclosed information contributes to public interest. Second, distinguish between personal private areas and public areas. Third, consider whether the information subject has given consent. Fourth, information that can identify individuals should be deleted or anonymized as much as possible. Fifth, examine whether the purpose of collecting and using information is legitimate. Recently, as the Personal Information Protection Act has been strengthened, finding this balance has become even more important. The government continues to pursue system improvements that can protect personal information while maximizing citizens' right to know.