OFFICIAL INFORMATION DISCLOSURE ACT
Wholly Amended by Act No. 7127, Jan. 29, 2004
Amended by Act No. 7796, Dec. 29, 2005
Act No. 8026, Oct. 4, 2006
Act No. 8171, Jan. 3, 2007
Act No. 8871, Feb. 29, 2008
Act No. 8854, Feb. 29, 2008
Act No. 10012, Feb. 4, 2010
Act No. 11690, Mar. 23, 2013
Act No. 11991, Aug. 6, 2013
Act No. 12844, Nov. 19, 2014
Act No. 14185, May 29, 2016
Act No. 14839, Jul. 26, 2017
Act No. 17690, Dec. 22, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure people’s rights to know and to secure people's participation in state affairs and the transparency of the operation of state affairs by prescribing matters necessary for people’s requests for the disclosure of information kept and controlled by public institutions and the obligations of public institutions to disclose such information.
[This Article Wholly Amended by Aug. 6, 2013]
The terms used in this Act are defined as follows: <Amended on Dec. 22, 2020>
| 1. | The term "information" means matters recorded in documents (including electronic documents; hereinafter the same shall apply) and all types of media including electronic media that are made or acquired, and managed by public institutions for the performance of their duties; |
| 2. | The term "disclosure" means the act of public institutions allowing people to peruse information, providing copies and replicated articles thereof to people pursuant to this Act or providing information to people via the information and communications network (hereinafter referred to as the "information and communications network") pursuant to subparagraph 10 of Article 2 of the Electronic Government Act; |
| 3. | The term "public institution" means any of the following institutions: |
| (i) | The National Assembly, courts, the Constitutional Court, and the National Election Commission; |
| (ii) | Central administrative agencies (including organizations under the control of the President and organizations under the control of the Prime Minister) and institutions affiliated thereto; |
| (iii) | Committees under the Act on the Establishment and Management of Councils, Commission and Committees under Administrative Agencies; |
| (e) | Other institutions prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 3 (Principles of Disclosing Information) |
Any information kept and managed by public institutions shall be disclosed to the public in an active manner, as prescribed by this Act, to ensure people’s right to know.
[This Article Wholly Amended on Aug. 6, 2013]
| Article 4 (Scope of Application) |
| (1) | The disclosure of information shall be governed by this Act, except as provided in other Acts. |
| (2) | Each local government may formulate its ordinances concerning information disclosure with regard to its duties within the scope under statutes or regulations. |
| (3) | This Act shall not apply to any information collected or prepared by agencies which take charge of information related to national security and security work for the purpose of analyzing information related to national security: Provided, That this shall not apply to preparation, provision, or disclosure of information lists under Article 8 (1). |
[This Article Wholly Amended on Aug. 6, 2013]
CHAPTER II OBLIGATIONS OF APPLICANTS FOR INFORMATION DISCLOSURE AND PUBLIC INSTITUTIONS
| Article 5 (Applicants for Information Disclosure) |
| (1) | Every national has a right to request information disclosure. |
| (2) | Foreigners’ requests for information disclosure shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 6 (Obligations of Public Institutions) |
| (1) | Public institutions shall enforce this Act and modify related statutes or regulations to ensure that people’s right to request information disclosure is respected and endeavor to create organizational culture where information is disclosed transparently and proactively. <Amended on Dec. 22, 2020> |
| (2) | Public institutions shall organize the information management system for proper preservation and expeditious search of information and analysis, disclosure, etc. of information useful to people, have a department or human resources in charge of duties related to information disclosure, and endeavor to establish the information disclosure system by using the information and communications network. <Amended on Dec. 22, 2020> |
| (3) | The Minister of the Interior and Safety shall establish and operate an integrated information disclosure system to comprehensively, systematically, and efficiently support duties of public institutions with respect to information disclosure. <Newly Inserted on Dec. 22, 2020> |
| (4) | Where public institutions (excluding the National Assembly, courts, Constitutional Court, and National Election Commission) fail to establish the information disclosure system under paragraph (2), requests, etc. for information disclosure shall be addressed through the integrated information disclosure system established and operated by the Minister of the Interior and Safety pursuant to paragraph (3). <Newly Inserted on Dec. 22, 2020> |
| (5) | Public institutions shall conduct education for public officials or executive officers or employees under their jurisdiction on this Act and the operation of the information disclosure system, as prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree. <Newly Inserted on Dec. 22, 2020> |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 6-2 (Obligations of Person In Charge of Information Disclosure) |
A person in charge of information disclosure of a public institution (including a person in charge of duties related to information subject to a request for information disclosure) shall perform the duties of information disclosure in good faith, and shall not engage in any improper act, such as arbitrary determination of disclosure, intentionally deferred processing, or unlawful refusal or evasion of disclosure.
[This Article Newly Inserted on Dec. 22, 2020]
| Article 7 (Prior Disclosure of Information) |
| (1) | Public institutions shall decide on the detailed scope, period, timing, methods, etc. of disclosure of any of the following information in advance, announce via the information and communication networks, etc., and disclose such information on a regular basis in accordance with the abovementioned standard: Provided, That this shall not apply to any information falling under any subparagraph of Article 9 (1): <Amended on Dec. 22, 2020> |
| 1. | Information pertaining to any policy which has significant effects on people’s life; |
| 2. | Information pertaining to any project which requires a large-scale budget, including works undertaken in accordance with the State policy; |
| 3. | Information required for administrative supervision, including details of budget execution and results of project evaluation; |
| 4. | Other information prescribed by the heads of public institutions. |
| (2) | Public institutions shall actively endeavor to disclose information that people need to know to the public, in addition to matters prescribed in paragraph (1). |
[This Article Wholly Amended on Aug. 6, 2013]
[Title Amended on Dec. 22, 2020]
| Article 8 (Preparation and Provision of Information Lists) |
| (1) | Public institutions shall prepare and keep a list of information that they have and manage so that people can easily understand such information list and disclose such information list to the public via the information disclosure system by using the information and communications network: Provided, That where information that may not be disclosed pursuant to Article 9 (1) is included in the list of information, such the relevant part of the list may not be provided or disclosed. |
| (2) | Public institutions shall secure a place for information disclosure and facilities required to disclose information in order to perform their duties regarding information disclosure in an expeditious and smooth manner. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 8-2 (Disclosure of Original Text of Information to be Disclosed) |
Central administrative agencies and institutions prescribed by Presidential Decree, from among public institutions, shall disclose information classified as information to be disclosed, from among information kept and managed in an electronic format, to the public via the information disclosure system by using the information and communications network, even when no request for information disclosure is made.
[This Article Newly Inserted on Aug. 6, 2013]
CHAPTER III PROCEDURES FOR DISCLOSING INFORMATION
| Article 9 (Information Subject to Non-Disclosure) |
| (1) | All information kept and managed by public institutions shall be subject to disclosure to the public: Provided, That any of the following information may not be disclosed: <Amended on Dec. 22, 2020> |
| 1. | Information that is classified as confidential information or information subject to non-disclosure pursuant to other Acts or orders given under Acts (limited to the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, Presidential Decree, and Municipal Ordinances); |
| 2. | Information pertaining to the national security, national defense, unification, diplomatic relations, etc., which is deemed likely to seriously undermine national interests, if it is disclosed; |
| 3. | Information which is likely to seriously obstruct the protection of people's lives, physical safety and properties, if it is disclosed; |
| 4. | Information pertaining to a trial in progress, the prevention and investigation of crimes, indictment and maintenance of a public prosecution, the execution and correction of a sentence, and security disposition, which, if disclosed, has considerable grounds for significantly obstructing the performance of duties or infringing upon the right of a criminal defendant to face fair trial; |
| 5. | Information pertaining to audit, supervision, inspection, tests, regulations, tendering contracts, technology development, or personnel management, or information at the stage of decision-making processes or internal-review processes, etc., which, if disclosed, has considerable grounds for remarkably obstructing the fair performance of duties or research and development: Provided, That where information is not disclosed due to decision-making processes or internal-review processes, the stages of decision-making processes or internal-review processes and the expected date of termination of such processes shall be informed together when applicants are informed thereof pursuant to Article 13 (5), and if such decision-making processes or internal-review processes are completed, applicants under Article 10 shall be informed thereof; |
| 6. | Personal information under subparagraph 1 of Article 2 of the Personal Information Protection Act, such as names, resident registration numbers, etc. included in the relevant information, which, if disclosed, is deemed likely to undermine the privacy or freedom of individuals: Provided, That the following shall be excluded therefrom: |
| (a) | Information that is made available for public perusal pursuant to statutes or regulations; |
| (b) | Information prepared or acquired by public institutions for the purpose of public announcement, which does not unjustly disturb the privacy or freedom of individuals; |
| (c) | Information prepared or acquired by public institutions, the disclosure of which is deemed necessary to remedy the public interest or individuals' rights; |
| (d) | Names and positions of public officials who have performed their duties; |
| (e) | Names and occupations of individuals, to whom part of duties have been entrusted or commissioned by the State or local governments under statutes or regulations, the disclosure of which is necessary for the public interest; |
| 7. | Information pertaining to management and trade secrets of corporations, organizations, or individuals (hereinafter referred to as "corporations, etc."), which, if disclosed, is likely to seriously undermine the legitimate interests of the corporations, etc: Provided, That the following information shall be excluded therefrom: |
| (a) | Information that is needed to be disclosed in order to protect the lives, physical safety, and health of persons from dangers arising from business activities; |
| (b) | Information that is needed to be disclosed in order to protect people’s property or lives from illegal and unjust business activities; |
| 8. | Information, the disclosure of which is deemed likely to bring advantages or disadvantages to specific persons, due to speculation in real estates, cornering the market, etc. |
| (2) | Where any information falling under each subparagraph of paragraph (1) is no longer needed to be kept concealed on the grounds of the passage of a fixed period, etc., a public institution shall make the relevant information become subject to disclosure to the public. |
| (3) | A public institution shall establish the detailed criteria for the scope of information subject to non-disclosure (hereinafter referred to as “detailed criteria for non-disclosure”) by taking into account characteristics of relevant business of the public institution within the scope of each subparagraph of paragraph (1), and disclose them to the public through the information disclosure system, etc. by using the information and communications network. <Amended on Dec. 22, 2020> |
| (4) | Public institutions (excluding the National Assembly, courts, Constitutional Court, and National Election Commission) shall inspect whether the detailed criteria for non-disclosure established pursuant to paragraph (3) satisfy non-disclosure requirements under the subparagraphs of paragraph (1) every three years, and if necessary, improve the detailed criteria for non-disclosure and submit the result of such inspection and improvement to the Minister of the Interior and Safety. <Newly Inserted on Dec. 22, 2020> |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 10 (Methods of Requesting Information Disclosure) |
| (1) | Any person who intends to make a request for disclosing information (hereinafter referred to as the "applicant") may submit a written request for disclosing information containing the following information or make an oral request for information disclosure to any public institution that holds or manages the relevant information: <Amended on Dec. 22, 2020> |
| 1. | The name, resident registration number, address, and contact details (referring to telephone numbers and e-mail addresses, etc.; hereafter the same shall apply in this Article) of the applicant: Provided, That where the applicant is a corporation or organization, it means the trade name, the name of its representative, the business registration number or other number equivalent thereto, the location of the place of business, and contact details; |
| 2. | The resident registration number of the applicant (limited to where the disclosure of information requested by the applicant is decided after the confirmation of the applicant’s identification); |
| 3. | Details of the information, the disclosure of which is requested by the applicant and methods for disclosing the information. |
| (2) | When any applicant makes an oral request for disclosing information under paragraph (1), the relevant applicant shall state his or her request before any public official or any officer and employee who are all in charge of information disclosure (hereinafter referred to as "public officials, etc. in charge"), and the public officials, etc. in charge shall make an information disclosure request record and then both the public officials, etc. in charge and the applicant shall subscribe their name and affix their seal thereon or sign it. <Amended on May 29, 2016> |
| (3) | Matters necessary for methods of making a request for information disclosure, in addition to matters prescribed in paragraphs (1) and (2), shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 11 (Decision on Whether or Not to Disclose Information) |
| (1) | A public institution shall, upon receiving a request for disclosing information under Article 10, decide whether or not to disclose the requested information within 10 days from the date on which such request is received. |
| (2) | Where a public institution is unable to decide whether or not to disclose information within a period fixed under paragraph (1) due to inevitable grounds, such public institution may extend the fixed period for up to 10 days, as reckoned from the day following the date on which the previously fixed period expires. In such cases, the public institution shall notify in writing, without delay, the applicant of the fact of the extension and the grounds for extension. |
| (3) | Where a public institution recognizes that information, the disclosure of which is requested, pertains, in whole or in part, to a third party, the public institution shall inform the third party of the fact without delay and may, if necessary, hear his or her opinions. |
| (4) | Where a public institution receives a request for the disclosure of information that is held and managed by another public institution, the former shall transfer without delay the request to the latter and then serve, without delay, a written notice on the relevant applicant, explicitly indicating a public institution in charge and the grounds for transferring such request, etc. |
| (5) | Where a request for the disclosure of information falls under either of the following cases and may be processed as a civil petition pursuant to the Civil Petitions Treatment Act, a public institution may process such request as a civil petition: <Newly Inserted on Dec. 22, 2020> |
| 1. | Where the information requested for disclosure is not the information kept and controlled by public institutions; |
| 2. | Where the details of the request for information disclosure are a complaint, inquiry, etc. and are not deemed to be a request for information disclosure under this Act. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 11-2 (Processing of Repetitive Requests) |
| (1) | Notwithstanding Article 11, where a request for information disclosure made under Article 10 (1) and (2) falls under either of the following subparagraphs, a public institution may dismiss the request by comprehensively considering the characteristics of information subject to the request for disclosure, the similarity and relevance of the details of the request to those of the previous request, circumstances where it is unavoidable to make the same reply as that for the previous request, etc. In such cases, the public institution shall notify the applicant of the dismissal of such request: |
| 1. | Where a person who has received the notification of the decision on whether to disclose the information upon request for information disclosure further requests the disclosure of such information without good cause; |
| 2. | Where a request for information disclosure is processed as a civil petition pursuant to Article 11 (5), but the applicant further requests the disclosure of such information. |
| (2) | Notwithstanding Article 11, where a request for information disclosure under Article 10 (1) or (2) falls under either of the following cases, a public institution may inform the applicant thereof according to the following classification and dismiss the request: |
| 1. | Where a request for disclosure is made for information prepared for the purpose of disclosure, etc. pursuant to Article 7 (1) and already disclosed through an information and communications network, etc.: Providing information on the whereabouts of the information; |
| 2. | Where a request for information disclosure is made in a way that it is impossible to receive such information in light of the conditions, etc. of the applicant under other statutes or regulations or social norms: Providing information on means by which such request is made to receive the information. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 12 (Information Disclosure Council) |
| (2) | The Council shall consist of not less than five, but not more than seven members, including one chairperson. |
| (3) | The members of the Council, with the exception of the chairperson, shall be designated or commissioned from among public officials, executive officers and employees belonging to the relevant public institution, or outside experts. A half of the members shall be commissioned from among outside experts with in-depth knowledge of duties of the relevant State agency or duties of disclosing information: Provided, That with respect to any State agency exclusively in charge of the work falling under Article 9 (1) 2 or 4, the head of such agency may separately set the commission ratio of outside experts and at least one third of members shall be commissioned from among outside experts. |
| (4) | The chairperson of the Council shall be designated or commissioned by the heads of State agencies, etc., from among persons who have the same qualifications as those of the members referred to in paragraph (3). |
| (5) | Article 23 (4) and (5) shall apply mutatis mutandis to the Council's members. |
| (6) | Matters necessary for the operation, functions, etc. of the Council shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 12 (Information Disclosure Council) |
| (1) | State agencies, local governments, public enterprises and quasi-governmental institutions under Article 5 of the Act on the Management of Public Institutions, and local government-invested public corporations and local public agencies under the Local Public Enterprises Act (hereinafter referred to as “State agencies, etc.”) shall establish and operate the Information Disclosure Council (hereinafter referred to as the “Council”) to deliberate on whether to disclose information under Article 11. In such cases, a higher agency of such state agencies, etc. (in cases of local government-invested public corporations and local public agencies, referring to a local government that has established the local government-invested public corporations and local public agencies) may establish and operate an integrated Council through consultation, in consideration of the size and business characteristics of a State agency, etc., geographical conditions, and convenience of applicants, etc. <Amended on Dec. 22, 2020> |
| (2) | The Council shall consist of not less than five, but not more than seven members, including one chairperson. |
| (3) | The members of the Council shall be designated or commissioned from among public officials, executive officers and employees belonging to the relevant public institution, or outside experts. Two thirds of the members shall be commissioned from among outside experts with in-depth knowledge of duties of the relevant State agency or duties of disclosing information: Provided, That with respect to any State agency exclusively in charge of the work falling under Article 9 (1) 2 or 4, the head of such agency may separately set the commission ratio of outside experts and at least one third of members shall be commissioned from among outside experts. <Amended on Dec. 22, 2020> |
| (4) | The chairperson of the Council shall be designated or commissioned by the heads of State agencies, etc., from among the members. <Amended on Dec. 22, 2020> |
| (5) | Article 23 (4) and (5) shall apply mutatis mutandis to the Council's members. |
| (6) | Matters necessary for the operation, functions, etc. of the Council shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 12-2 (Disqualification of, Challenge to, or Refrainment by, a Member) |
| (1) | Any member of the Council who falls under any of the following subparagraphs shall be disqualified from deliberations and decisions by the Council: |
| 1. | Where the member or his or her spouse or ex-spouse is a party (if the party is a corporation, organization, etc., it includes its executives or employees; hereafter the same shall apply in this subparagraph and subparagraph 2) to the agenda or a joint right holder or joint obligor with a party to the agenda; |
| 2. | Where the member is or was a blood relative of the party to the agenda; |
| 3. | Where the member has testified, made a statement, provided advice or services, or conducted research or an appraisal in relation to the agenda; |
| 4. | Where the member or a corporation, etc. to which the member belongs is or was an agent of a party to the agenda. |
| (2) | Where a party to the agenda of the Council finds it impracticable to expect fair deliberations of a member, the party may file a request for challenge to the Council member with the Council, which shall render a decision thereon by voting. In such cases, the member subject to such request for challenge shall not participate in the resolution. |
| (3) | A member falling under any ground for disqualification under any subparagraph of paragraph (1), shall notify the Council of the fact and refrain from deliberations of the agenda. |
| (4) | Where a member compromises the fairness of deliberations by the Council as he or she fails to file for refrainment, notwithstanding such member falls under any of the subparagraphs of paragraph (1), the head of a State agency may dismiss or remove such member from office. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 13 (Notification of Decisions on Whether or Not to Disclose Information) |
| (1) | A public institution shall, when it decides to disclose information in accordance with Article 11, notify the relevant applicant of its decision, explicitly indicating the date, time and place of its disclosure, etc. |
| (2) | When applicants desire to have copies or replications of information, a public institution shall deliver them to applicants. <Amended on Dec. 22, 2020> |
| (3) | When it is likely to significantly obstruct the performance of duties due to excessive quantity of information to be disclosed, a public institution may provide the information to applicants after dividing them on a periodic basis or provide the information by concurrently delivering or allowing the perusal of copies or replications thereof. <Newly Inserted on Dec. 22, 2020> |
| (4) | When disclosing information pursuant to paragraph (1), where the original forms of the relevant information are likely to be stained or damaged or where other reasonable grounds exist, a public institution may disclose the copies or replications of the relevant information. <Amended on Dec. 22, 2020> |
| (5) | When a public institution decides not to disclose information pursuant to Article 11, it shall notify in writing, without delay, the relevant applicant of such fact. In such cases, the public institution shall indicate the grounds for deciding not to disclose the information, including which ground for non-disclosure such information falls under pursuant to any subparagraph of Article 9 (1), and methods of and procedures for raising an objection in a concrete manner. <Amended on Dec. 22, 2020> |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 14 (Partial Disclosure of Information) |
Where any information, the disclosure of which is requested, consists of a part falling under any subparagraph of Article 9 (1) and the other part which may be disclosed, if it is possible to separate the two parts without being contrary to the purpose of requesting the disclosure of such information, the information shall be disclosed with the exception of the part falling under any subparagraph of Article 9 (1). [This Article Wholly Amended on Aug. 6, 2013]
| Article 15 (Electronic Disclosure of Information) |
| (1) | Where an applicant makes a request to disclose information in an electronic format, which has been held and managed in an electronic format, a public institution shall comply with such request, except for cases where it is highly impracticable to comply with such request due to the nature of the relevant information. |
| (2) | Where an applicant makes a request to disclose information in an electronic format, which has not been held and managed in an electronic format, a public institution may disclose information after converting such information into an electronic format, when such disclosure is not likely to significantly obstruct the performance of its duties or damage the nature of the relevant information. |
| (3) | Matters necessary for disclosure of information in an electronic format, etc. shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 16 (Disclosure of Information that Can be Immediately Processed) |
Any of the following information, which can be immediately or orally processed, shall be disclosed to the public without undergoing procedures under Article 11: | 1. | Information prepared for the purpose of disclosure to the public under statutes or regulations; |
| 2. | Various publicity materials prepared for the purpose of publicizing to the general public; |
| 3. | Information, the disclosure of which has already been determined and does not take a long time; |
| 4. | Other information that is prescribed by the heads of public institutions. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 17 (Defrayment of Expenses) |
| (1) | Expenses incurred in disclosing information and mailing disclosed information, etc. shall be borne by applicants within the scope of actual expenses. |
| (2) | Where the purpose of using information subject to application for disclosure is deemed necessary for maintaining and promoting public welfare, the expenses referred to in paragraph (1) may be reduced or exempted. |
| (3) | Matters necessary for expenses under paragraph (1) and the collection thereof, etc. shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
[This Article Wholly Amended on Aug. 6, 2013]
CHAPTER IV PROCEDURES FOR OBJECTION AND REMEDY
| Article 18 (Raising Objections) |
| (1) | When any applicant is dissatisfied with a decision made by any public institution not to disclose information or a decision made by any public institution to partially disclose information, or when no decision is made to disclose information even after 20 days elapse after a request for information disclosure is made, he or she may raise an objection in writing to the relevant public institution within 30 days from the date on which he or she receives a notice on whether or not to disclose the information or from the date on which 20 days elapse after a request for information disclosure is made. |
| (2) | State agencies, etc. shall hold a meeting of the Council when any objection under paragraph (1) is raised: Provided, That this shall not apply to any of the following cases and state agencies, etc. shall notify an applicant of grounds of not holding a meeting of the Council in writing: <Amended on Dec. 22, 2020> |
| 1. | Matters which have already underwent deliberations of the Council; |
| 2. | Simple and repetitive requests; |
| 3. | Requests for information classified as confidential information pursuant to statutes or regulations. |
| (3) | Relevant public institutions shall decide on an objection raised within seven days from the date on which such objection is raised and notify the relevant applicant of outcomes thereof without delay in writing: Provided, That when public institutions cannot make a decision within a fixed period due to inevitable grounds, such period may be extended by up to seven days when calculated from the day following the date when such fixed period expires, and applicant shall be notified of the grounds for such extension. |
| (4) | Where public institutions decide to dismiss or reject an objection, they shall notify applicants of the fact that applicants may file for an administrative appeal or administrative litigation, along with notification on the outcomes under paragraph (3). |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 19 (Administrative Appeal) |
| (1) | When any applicant is dissatisfied with a decision made by a public institution in connection with information disclosure, or when no decision is made about whether to disclose information even after 20 days elapse after a request for information disclosure was made, he or she may file an administrative appeal as prescribed by the Administrative Appeals Act. In such case, the administrative agency that supervises the decision of a public institution, other than state agencies and local governments, shall be the head of the relevant central administrative agency or the head of the relevant local government. |
| (2) | An applicant may file an administrative appeal without going through the procedures for filing administrative appeals under Article 18. |
| (3) | Any member who is involved in administrative appeals against decisions on whether or not to disclose information, from among the members of the Administrative Appeal Committee, shall not divulge secrets that the he or she has learned while performing his or her duties not only during his or her tenure and but also after his or her retirement. |
| (4) | The members of the Administrative Appeal Committee referred to in paragraph (3) shall be deemed public officials in the application of the Criminal Act and the penalty provisions of other Acts. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 20 (Administrative Litigation) |
| (1) | Where an applicant is dissatisfied with a decision made by a public institution in connection with information disclosure, or when no decision is made about whether to disclose information even after 20 days elapse after a request for information disclosure was made, he or she may file for an administrative litigation as prescribed by the Administrative Litigation Act. |
| (2) | The presiding judge may, if deemed necessary, peruse or examine the information, the disclosure of which is requested, in private, without involving parties therein. |
| (3) | Where the subject of an administrative litigation is a disposition not to disclose or to partially disclose information pertaining to national security, national defense, or diplomatic relations, from among the information provided for in Article 9 (1) 2, the presiding judge may order not to submit the relevant information if the relevant public institution substantiates procedures for classifying the information, the levels, types, and nature of the classification, practical reasons for keeping the information secret, and the grounds for not disclosing the information, etc. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 21 (Requests Made by Third Party for Keeping Information Concealed) |
| (1) | A third party, who is notified of the fact that a request was made to disclose information pursuant to Article 11 (3), may request the relevant public institution not to disclose the information pertaining to himself or herself within three days from the date he or she receives such notification. |
| (2) | Notwithstanding a request made by the third party not to disclose the information under paragraph (1), if a public institution decides to disclose such information, such public institution shall promptly notify in writing the third party of its decision to disclose the information, explicitly indicating reasons for deciding to disclose the information as well as the date of disclosure of the information, and the third party may raise an objection in writing to the relevant public institution or file for an administrative appeal or an administrative litigation. In such cases, the third party shall raise an objection within seven days from the date when notification of such decision is received. |
| (3) | The relevant public institution shall give an interval of at least 30 days between the date on which a decision is made to disclose the information under paragraph (2) and the date on which the information is to be disclosed. |
[This Article Wholly Amended on Aug. 6, 2013]
CHAPTER V INFORMATION DISCLOSURE COMMITTEE
| Article 22 (Establishment of Information Disclosure Committee) |
The Information Disclosure Committee (hereinafter referred to as the "Committee") shall be established under the Prime Minister in order to deliberate on and adjust the following matters: <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>
| 1. | Matters concerning the formulation of an information-disclosure policy and the improvement of the current information-disclosure system; |
| 2. | Matters concerning the formulation of information-disclosure standards; |
| 3. | Matters concerning the examination and analysis of the result of deliberation of the Council under Article 12 and the presentation of opinions on the improvement of deliberation standards; |
| 4. | Matters concerning the evaluation of the actual operational state of information disclosure by public institutions under Article 24 (2) and (3) and the handling of findings from such evaluation; |
| 5. | Matters concerning the inspection of unreasonable systems, statutes or regulations, and operation thereof related to information disclosure and recommendations for improvement thereof; |
| 6. | Other matters prescribed by Presidential Decree with respect to information disclosure. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 23 (Organization of Committee) |
| (1) | The Committee shall consist of eleven members, including one chairperson and one vice chairperson, in consideration of gender. <Amended on Dec. 22, 2020> |
| (2) | The following persons shall become Committee members. In such cases, seven members, including the chairperson, shall be commissioned from among persons who are not public officials: <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020> |
| 1. | Vice ministers or public officials in general service belonging to the Senior Executive Service, all of whom work for the relevant ministries and agencies prescribed by Presidential Decree; |
| 2. | Persons with profound learning and experience in information disclosure, who are commissioned by the Prime Minister; |
| 3. | Persons recommended by civic groups (referring to civil organizations provided for in Article 2 of the Assistance for Nonprofit, Non-Government Organizations Act), who are commissioned by the Prime Minister. |
| (3) | The term of office of the chairperson, vice chairperson, and members (excluding members under paragraph (2) 1) shall be two years and they may be reappointed. |
| (4) | The chairperson, vice chairperson, and members shall be prohibited from divulging information they have obtained while performing their respective information-disclosure duties or from committing the act of profiting personally from such information or compromising the interests of other persons by using such information. |
| (5) | From among the chairperson, vice chairperson, and members, a person who is not a public official shall be deemed a public official in the application of the Criminal Act and the penalty provisions of other Acts. |
| (6) | Matters necessary for the operation of the Committee, including organization of the Committee and procedures for resolution, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 24 (Overall Control of Systems) |
| (1) | The Minister of the Interior and Safety shall exercise overall control of planing and general administration concerning formulation of policy on information disclosure system under this Act, system improvements, etc. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may evaluate the current status of operation of the information disclosure system of public institutions (excluding the National Assembly, courts, Constitutional Court, and National Election Commission), if the Committee makes a request for such evaluation for an efficient operation of the system. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety shall, if he or she conducts an evaluation referred to in paragraph (2), publish findings of the evaluation after reporting them to the State Council through the Committee and shall request the relevant public institution to take corrective measures, etc. with respect to matters that are recommended by the Committee as being necessary to be improved. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety may recommend heads of public institutions (excluding the National Assembly, courts, Constitutional Court, and National Election Commission) to improve conditions concerning information disclosure, when necessary for information disclosure. In such cases, the relevant public institutions shall faithfully comply with such request, and notify the Minister of the Interior and Safety of outcomes thereof. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The National Assembly, courts, Constitutional Court, and National Election Commission, central administrative agencies, and local governments may present their opinions on information disclosure to institutions affiliated thereto or competent public institutions, or supervise or check information disclosure made by such institutions. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 25 (Request for Submitting Materials) |
If deemed necessary, the Secretary General of the National Assembly, the Minister of the Court Administration, the Secretary General of the Constitutional Court, the Secretary General of the National Election Commission, and the Minister of the Interior and Safety may request public institutions to cooperate with them in submitting materials, etc. concerning information disclosure. <Amended on Nov. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Aug. 6, 2013]
| Article 26 (Report to National Assembly) |
| (1) | The Minister of the Interior and Safety shall make a report on information disclosure during the preceding year to the National Assembly every year before the regular session of the National Assembly opens. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Matters necessary for preparing a report under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 27 (Provisions concerning Delegation) |
Matters necessary for enforcing this Act shall be prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, and Presidential Decree.
[This Article Wholly Amended on Aug. 6, 2013]
| Article 28 (Guarantee of Status) |
No one shall be put at a disadvantage in terms of his or her status, including disciplinary measures, or be discriminated in work conditions on the grounds of legitimate information disclosure under this Act.
[This Article Newly Inserted on Aug. 6, 2013]
| Article 29 (Calculation of Period of Time) |
| (1) | The calculation of a period pursuant to this Act shall be governed by the Civil Act. |
| (2) | Notwithstanding paragraph (1), the period in the following subparagraphs shall be calculated on a daily basis, including the first day, but excluding holidays and Saturdays: |
| 1. | Period for decision on whether or not to disclose information under Article 11 (1) and (2); |
| 3. | Period for decision on raising an objection under Article 18 (3). |
[This Article Newly Inserted on Dec. 22, 2020]
ADDENDA <Act No. 7127, Jan. 29, 2004>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 8 (1) shall enter into force one year and six months after the promulgation thereof. |
| (2) | (Preparations for Establishment of Committee) The Minister of Government Administration and Home Affairs may perform administrative work necessary to establish the Committee, such as selecting and appointing its members, etc. in accordance with the amended provisions of Articles 22 and 23 prior to the enforcement of this Act. |
| (3) | (Applicability to Shortening of Period, etc. for Deciding on Whether or Not to Disclose Information) The amended provisions of Article 11 shall apply starting with the first request that is made for disclosing information after the enforcement of this Act. |
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8026, Oct. 4, 2006>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8171, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8854, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
The members of the Information Disclosure Committee who are commissioned under the previous provisions shall be deemed to have been commissioned by the Minister of Public Administration and Security under this Act, and the term of office for a member shall be reckoned from the date when he/she was commissioned under the previous provisions.
ADDENDA <Act No. 8871, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10012, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11991, Aug. 6, 2013>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 8-2 shall enter into force on March 1, 2014.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That from among the Acts amended by Article 6 of this Addenda, the amended provisions of the Acts, which were promulgated before this Act enters into force, but their enforcement dates have yet to arrive, shall enter into force on their respective enforcement dates. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14185, May 29, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively. Articles 2 through 6 Omitted.
ADDENDA <Act No. 17690, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 (5), the proviso to Article 9 (1) 5, Article 10 (1) 1 and 2, Article 13 (5), the proviso of Article 18 (2), Article 22 and 23 shall enter into force six months after the date of its promulgation; and the amended provisions of Article 6 (3) and (4) and Article 12 (1), (3), and (4) shall enter into force one year after the date of its promulgation. Article 2 (General Applicability)
The amended provisions concerning a request for information disclosure under this Act shall apply starting with the first request for information disclosure after the enforcement of this Act.
Article 3 (Applicability to Processing of Repetitive Requests)
The amended provisions of Article 11-2 (1) shall apply to cases where a person who has made a request for information disclosure and has received a notification of decision on whether or not to disclose information and whose request for information disclosure has been processed as a civil petition before this Act enters into force makes the same request for information disclosure after this Act enter into force. Article 4 (Special Cases concerning Inspection and Improvement of Detailed Standards for Non-Disclosure)
Notwithstanding the amended provisions of Article 9 (4), a public institution shall submit the result of the inspection and improvement to the Minister of the Interior and Safety within six months after the date of its promulgation. Article 5 (Transitional Measures concerning Members of the Council)
Any member of the Council who is commissioned under the previous provisions and whose term has not expired as at the time the amended provisions of Article 23 enter into force pursuant to the proviso of Article 1 of the Addenda shall be deemed commissioned pursuant to the amended provisions of Article 23. In such cases, the term of office of such member shall be the remaining term of the former office.