South Korea
Name of law: Act on Disclosure of Information by Public AGENCIES
First adopted: 1996
Last modified: 2016-05
RTI Rating last updated: 2018-09
First adopted: 1996
Last modified: 2016-05
RTI Rating last updated: 2018-09
Introduction
Following a strong 1989 Constitutional Court decision (Forests Survey Inspection Request Case) that confirmed recognition of the right to information, South Korea implemented a legal framework to structure the right. Though flawed in some areas, the RTI law ranks above the global average. Its strengths include a binding administrative tribunal for external reconsiderations of refused requests and an extremely comprehensive promotional measures mandate. Furthermore, the law provides a harm-tested exceptions regime that is compliant with international standards. However, this category is also problematic since there is a very limited public interest override and there is no trump provision, meaning that information disclosure is subject to exceptions established in other laws. There is also a legislative gap since there is no sanctioning system for public authorities who fail in their duties under the act.
Local Expert: Kyu Ho Youm
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 4 | 6 |
| 2 | Scope | 22 | 30 |
| 3 | Requesting Procedures | 17 | 30 |
| 4 | Exceptions & Refusal | 21 | 30 |
| 5 | Appeals | 21 | 30 |
| 6 | Sanctions & Protections | 1 | 8 |
| 7 | Promotional Measures | 12 | 16 |
| ∑ = 98 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | YES | 2 | Constitutional Court - Forests Survey Inspection Request case. | |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | Partially | 1 | 3 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. 10(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 ... | Not very clear and does not make it clear that the issue is entirely defined by this Act. |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | Partially | 1 | 1 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. | Limited benefits and no interpretation. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | Partially | 1 | 5(1) Every national has a right to request information disclosure. (2) Foreigners’ requests for information disclosure shall be prescribed by Presidential Decree. PD 3: A foreigner who may request information disclosure under Article 5 (2) of the Act shall be the one falling under any of the following subparagraphs: 1. A person that resides at a fixed residence or stays temporarily for academic research in the Republic of Korea; 2. A corporation or an organization which has an office in the Republic of Korea. | Presumably covers Korean legal entities, although not entirely clear. Limited coverage of foreigners. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 2(1) The term "information" means matters recorded in documents (including electronic documents; hereinafter the same shall apply), drawings, pictures, films, tapes, slides, and other media corresponding thereto that are made or acquired, and managed by public institutions for the performance of their duties; | Broad in scope but need to be managed in the performance of their duties. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | Partially | 1 | 2(1) The term "information" means matters recorded in documents (including electronic documents; hereinafter the same shall apply), drawings, pictures, films, tapes, slides, and other media corresponding thereto that are made or acquired, and managed by public institutions for the performance of their duties; | Only refers to documents. |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 2(3) The term "public institution" means any of the following institutions: (a) State agencies: ... (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, Commissions and Committees under Administrative Agencies; (b) Local governments; (c) Public institutions under Article 2 of the Act on the Management of Public Institutions; (d) Other institutions prescribed by Presidential Decree. 4(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). PD 2: “Institutions prescribed by Presidential Decree” under subparagraph 3 (d) of Article 2 of the Official Information Disclosure Act (hereinafter referred to as the “Act”) shall be institutions or organizations designated under the following subparagraphs: 1. Schools of various levels under the Early Childhood Education Act, the Elementary and Secondary Education Act, and the Higher Education Act, or other schools established pursuant to other Acts; ... 3. Institutions prescribed by Ordinance of local government, from among institutions falling under any of the following items: [LIST OMITTED] | Range of bodies excluded under 4(3) and also not clear that all bodies which are created or controlled are covered. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | 2(3) The term "public institution" means any of the following institutions: (a) State agencies: (i) The National Assembly, courts, the Constitutional Court, and the National Election Commission | |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 2(3) The term "public institution" means any of the following institutions: (a) State agencies: (i) The National Assembly, courts, the Constitutional Court, and the National Election Commission; | |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 2(3) The term "public institution" means any of the following institutions: ... (d) Other institutions prescribed by Presidential Decree. PD 2: “Institutions prescribed by Presidential Decree” under subparagraph 3 (d) of Article 2 of the Official Information Disclosure Act (hereinafter referred to as the “Act”) shall be institutions or organizations designated under the following subparagraphs: ... 2. Local public corporations and local industrial complexes pursuant to the Local Public Enterprises Act; 3. Institutions prescribed by Ordinance of local government, from among institutions falling under any of the following items: [LIST OMITTED]; 4. Special corporations established under special Acts | Not entirely clear that all State corporations are covered. |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2(3) The term "public institution" means any of the following institutions: (a) State agencies: (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, Commissions and Committees under Administrative Agencies; ... (c) Public institutions under Article 2 of the Act on the Management of Public Institutions; (d) Other institutions prescribed by Presidential Decree. | Again, not 100% sure that all are covered but benefit of doubt given. |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 2(3) The term "public institution" means any of the following institutions: ... (d) Other institutions prescribed by Presidential Decree. PD 2: “Institutions prescribed by Presidential Decree” under subparagraph 3 (d) of Article 2 of the Official Information Disclosure Act (hereinafter referred to as the “Act”) shall be institutions or organizations designated under the following subparagraphs: ... 5. Non-profit corporations which act as social welfare corporations and social welfare services receiving subsidies from the State or local government under Article 42 (1) of the Social Welfare Services Act; 6. Institutions or organizations receiving subsidies of not less than 50 million won annually from the State or a local government under, other than subparagraph 5, Article 9 of the Subsidy Management Act or the proviso to the part other than each subparagraph of Article 17 (1) of the Local Finance Act: Provided, That the information subject to information disclosure shall be limited to projects having received subsidies in the corresponding year. | Limited to publicly funded bodies. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 10(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: 1. The name, resident registration number, address, and contact details (referring to telephone numbers and e-mail addresses, etc.) of the applicant; 2. Details of the information, the disclosure of which is requested by the applicant and methods for disclosing the information. | Reasons are not listed among the information to be included in requests, but it would be better if they were explicitly not required. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | NO | 0 | 10(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: 1. The name, resident registration number, address, and contact details (referring to telephone numbers and e-mail addresses, etc.) of the applicant; 2. Details of the information, the disclosure of which is requested by the applicant and methods for disclosing the information. | A lot of unnecessary information - name, address, registration number - required. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 10(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: 1. The name, resident registration number, address, and contact details (referring to telephone numbers and e-mail addresses, etc.) of the applicant; 2. 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/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. (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. PD 5(3) A public institution shall prepare a request form for information disclosure, computer terminal, etc. for the convenience of the applicant. 6(1): A written application for information disclosure under Article 10 (1) of the Act shall be submitted by physical presence at public institutions, by mail, facsimile, or information and communications network. | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | Partially | 1 | PD 11(2): The head of a central administrative agency, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Metropolitan Autonomous City Mayor, Do Governor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), and a superintendent of an office of education of a Special Metropolitan City, Metropolitan City, Metropolitan Autonomous City, Do, and Special Self-Governing Province may appoint a chief officer of information disclosure, from among the public officials under his/her jurisdiction, to perform duties of the following subparagraphs relating to information disclosure: 4. Support for an applicant for information disclosure for his/her request of information disclosure. | Very general and vague obligation to support an applicant. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | Not specifically mentioned. | |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | YES | 2 | PD6(2): Upon receipt of a written application for information disclosure, a public institution shall record it in the processing ledger of information disclosure, and issue the receipt thereof to the applicant: | |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 11(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 promptly serve a written notice on the relevant applicant, explicitly indicating a public institution in charge and the grounds for transferring such request, etc. PD 9: Where all or part of the information requested to be disclosed is information which has been produced by another public institution, a public institution shall decide whether or not to disclose by hearing the opinion of the public institution which has produced the information. 10(1): The department which processes application for information disclosure shall, when necessary for the cooperation of the relevant institution or other department, request cooperation by stating clearly the deadline for response within the handling period after receiving the written application for information disclosure. (2) The institution or department requested for cooperation pursuant to paragraph (1) shall reply within the response deadline. | |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | 13(2) When applicants desire to have copies or replications of information, a public institution shall deliver them to applicants: Provided, That when it is likely to significantly obstruct the performance of duties due to excessive quantity of information to be disclosed, it may provide copies or replications of information to applicants after dividing them on a periodic basis or may furnish such copies while allowing the public to peruse them at the same time. (3) 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. 15(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. PD 14(1): The information shall be disclosed by methods classified as follows: 1. Document, drawing, photograph, etc.: perusal or provision of a copy; 2. Film, tape, etc.: viewing or provision of printed or reproduced articles; 3. Microfilm, slide, etc.: viewing, perusal, or provision of a copy or reproduced article; 4. Information, etc. kept and managed in electronic form: reproducing files and forwarding to information disclosure system through the information and communications network, provision by storing in media, and perusal, viewing, or provision of a copy or output; 5. Information already disclosed under Article 7 (1) of the Act: guide to whereabouts of the relevant information. | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | Partially | 1 | 11(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 ten days from the date on which such request is received. 21(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. PD 12(1): Where it is decided to disclose information (excluding where the disclosure has been decided under Article 21 (2) of the Act, notwithstanding the request of non-disclosure from a third party), a public institution shall notify an applicant thereof by fixing the date and time of disclosure within ten days from the date when sucg disclosure has been decided: Provided, that if an applicant requests, the date and time of disclosure may be decided differently. | 10 days but there is another 10 days to disclose and extensions of up to 30 days when third parties are consulted. |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | Partially | 1 | 11(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 ten days, as reckoned from the day following the date on which the previously fixed period expires. In such cases, the public institution shall promptly notify in writing the applicant of the fact of the extension and the grounds for extension. 13(2) When applicants desire to have copies or replications of information, a public institution shall deliver them to applicants: Provided, That when it is likely to significantly obstruct the performance of duties due to excessive quantity of information to be disclosed, it may provide copies or replications of information to applicants after dividing them on a periodic basis or may furnish such copies while allowing the public to peruse them at the same time. PD 7: The unavoidable grounds pursuant to the former part of Article 11 (2) of the Act shall fall under any of the following subparagraphs: 1. Where it is difficult to decide whether or not to disclose within a fixed period because too many requests for information disclosure are made all at once or because the contents requested to be disclosed are complicated; 2. Where it is difficult to decide whether or not to disclose within a fixed period, due to the hearing of opinion from a third party under Article 11 (3) of the Act relating to the public institution that has produced the information or the information requested to be disclosed, the holding the information disclosure council under Article 12 of the Act, etc; 3. Where the information handled by the computer information processing organization includes a part to be disclosed and another part not to be disclosed, and where it is difficult to decide whether or not to disclose within a fixed period; 4. Where it is difficult to decide whether or not to disclose within a fixed period, due to force majeure, temporary heavy workload, etc. 12(2): Where a copy or reproduced article of information are provided in successive portions divided throughout a certain period of time or simultaneously with the perusal under Article 13 (2) of the Act, a public institution shall provide the copy or reproduced article after having an applicant peruse it in advance, and except in extenuating circumstances, it shall provide it within two months. | Again, 10 days but cases up to 2 months are envisaged for more voluminous requests. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 17(1) Expenses incurred in disclosing information and mailing disclosed information, etc. shall be borne by applicants within the scope of actual expenses. | Not mentioned but some benefit of doubt given. |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 17(1) Expenses incurred in disclosing information and mailing disclosed information, etc. shall be borne by applicants within the scope of actual expenses. PD 17(1): Expenses incurred for the information disclosure, postage, etc. under Article 17 (1) of the Act shall be classified into fees and postal charges (limited to where the copy, output, reproduced article, or printed article of the information to be disclosed are forwarded by mail), and the amount of fees shall be prescribed by Ordinance of the Ministry of the Interior: Provided, That in cases of a local government, the amount of fees shall be prescribed by Municipal Ordinance. (2) Where Information is disclosed in electronic form through the information and communications network pursuant to Article 15 (1) and (2) of the Act, the head of a public institution (excluding a local government and its affiliated agency) may set differing amounts of fees within the fee range prescribed by the main sentence of paragraph (1), in consideration of the burden of work. | Set centrally and some suggestion limited but then it also envisages fees for "burden of work". |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | Partially | 1 | 17(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.PD 17(3): (3) In cases of falling under any of the following subparagraphs, fees may be reduced or exempted pursuant to Article 17 (2) of the Act: 1. Where a nonprofit academic or public organization or a corporation has requested necessary information for the purpose of academic research or administrative surveillance; 2. Where a professor, teacher, or student has requested necessary information upon receipt of confirmation from the head of an affiliated agency for the purpose of educational resources or research; 3. Where the head of a public institution deems that exemption is necessary for the maintenance and enhancement of public welfare. (4) Where reduction or exemption of expenses is requested pursuant to Article 17 (2) of the Act, explanatory materials regarding the reason for reduction or exemption shall be attached thereto. (5) The head of a public institution shall determine the ratio of reduction or exemption pursuant to paragraph (3), and disclose it through the information and communications network. | Not exactly for impecunious requesters but for public interest cases. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | Not mentioned but some benefit of doubt given. | |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 9(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: 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); | |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | 9(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: … 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, if such decision-making processes or internal-review processes are completed, applicants under Article 10 shall be informed thereof; 6. Personal information, 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 personal information shall be excluded therefrom: (a) Information that is made available for public perusal pursuant to statutes; (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's 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, 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. | |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | YES | 4 | 9(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: … 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, if such decision-making processes or internal-review processes are completed, applicants under Article 10 shall be informed thereof; 6. Personal information, 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 personal information shall be excluded therefrom: (a) Information that is made available for public perusal pursuant to statutes; (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's 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, 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. | |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 9(1)(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; | Very limited override. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 7(2) "If the information falling under any of subparagraphs of paragraph (1) becomes suitable for disclosure due to the passage of time, etc.. the public agencies shall render such information available for disclosure." | 7.8.2 - disclosed once the exception no longer applies. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 11(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/her opinions. 21(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/herself within three days from the date he/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. PD 8(1) Where any public institution listens to opinions from a third party under Article 11 (3) of the Act, such shall be done in writing. Provided, That where it is deemed necessary by the public institution or required by the third party, such may be done by words. (2) Where a public official in charge, etc. listens to a spoken opinion pursuant to the proviso to paragraph (1), he/she shall record the details and receive a confirmation from the third party. | Must consult but extended timeframes. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 14 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). PD 13: Where a partial disclosure of information is decided pursuant to Article 14 of the Act, a public institution shall specifically and explicitly indicate the grounds of non-disclosure of information and the method and procedure for raising an objection with respect to the part undisclosed. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | 13(4) When it decides not to disclose information pursuant to Article 11, a public institution shall promptly notify in writing the relevant applicant of such fact. In such cases, the public institution shall indicate the grounds for deciding not to disclose the information, and methods of and procedures for raising an objection in a concrete manner. | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 18(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/she may raise an objection in writing to the relevant public institution within 30 days from the date on which he/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: 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., PD 18(1): The formal objection pursuant to Articles 18 (1) and 21 (2) of the Act shall be done in writing with matters of the following subparagraphs: 1. Name, resident registration number, address (in case of a corporation or organizations, name, business office, or location of business place and name of representative) and contact point of an applicant; 2. Contents of resolution whether to disclose the information subject to the formal objection; 3. Intent of and reason for the formal objection; 4. The date of receipt of notice of determination on whether to disclose the information, or that of application for the information disclosure. (2) Where public institutions issue notice of the extension of the determination period of the formal objection pursuant to the proviso to Article 18 (3) of the Act, they shall specifically and explicitly indicate the reason for the extension, the period of extension, etc. in a written notice. (3) Where public institutions decide on the rejection or dismissal of the formal objection, they shall specifically and explicitly indicate reasons for the determination and the method and procedure for raising objections. (4) Public institutions shall keep and maintain the records of the processing status of the formal objection in the processing ledger of formal objections. Admin. Appeals Act 25: (1) Where an appellee receiving a written appeal pursuant to Article 23 (1) and (2) or Article 26 (1) finds that the appeal is well-grounded, the appellee may revoke or modify a relevant disposition ex officio, confirm the disposition, or make a disposition upon request by the party (hereafter referred to as "ex officio revocation, etc." in this Article) in accordance with the objective of the appeal. In this case, the appellant shall be notified thereof in writing. (2) Where the appellee has made ex officio revocation, etc. under paragraph (1), unless the appellant withdraws an appeal, the appellee shall present to the commission a written document attesting ex officio revocation, etc. when sending a written appeal and a written answer in accordance with the main body of Article 24 (1). | Appeal and procedures but does not apply where information is excluded under another law. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 19(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/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. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | Partially | 1 | 19(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/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. | Tenure and some protection against interference but latter weak. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | Oversight committees seem to be ad hoc. | |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | Partially | 1 | Admin. Appeals Act 7(4): A member of an administrative appeals commission shall be commissioned from among the following persons or nominated from among public officials of the administrative agency by the administrative agency with which the relevant administrative appeals commission is affiliated: 1. A person who has experience in practices for at least five years after being qualified as an attorneys-at-law; 2. A person who holds or held the position of assistant professor or higher at a school under paragraphs (1) through (6) of Article 2 of the Higher Education Act; 3. A person who served as a public official of Grade IV or higher or a public official belonging to the Senior Civil Service Corps; 4. A person who has work experience for at least five years in relevant fields after acquiring a doctoral degree; 5. A person who has abundant knowledge and experience in administrative appeals. | No prohibitions but requirements of expertise (for non-officials and then specified rank for officials). |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Admin. Appeals Act 36(1): If the commission deems it necessary for review of a case, it may, ex officio or upon request by the party, conduct an examination on the evidence by the following means: 1. By requiring any of the parties concerned or interested persons (including public officials of the relevant administrative agencies; hereinafter the same shall apply) to appear in person before the commission to answer any question pertinent thereto; 2. By requiring the parties or interested persons to submit papers, ledgers, articles, or other evidence in their possession, and keeping them in custody; 3. By requiring a third person with special knowledge and experience to conduct expert appraisal; 4. By inquiring of the parties or interested persons, or investigating or inspecting papers, articles, etc. by entering a place deemed necessary, such as the place of address, residence, or business, of the parties concerned or interested persons. | |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | Admin. Appeals Act 49(1): A ruling recognizing an appeal shall be binding the appellee and other relevant administrative agencies involved in the case. | |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Admin. Appeals Act 43(1): If an appeal is unlawful, the relevant commission shall dismiss it. (2) If the commission finds that an appeal is groundless, it shall dismiss the appeal. (3) If the commission finds that an appeal for revocation is well-grounded, it shall revoke the disposition, or modify the disposition into another one, or order the appellee to replace the disposition with another one. (4) If the commission finds that an appeal for affirmation of nullity, etc. is well-grounded, it shall affirm as to whether a disposition is effective, or whether a disposition has been made. (5) If the commission finds that an appeal for performance of obligation is well-grounded, it shall issue a disposition following the request or shall order the appellee to do so. 59(1) In review of, and ruling on, an appeal, if the Central Administrative Appeals Commission deems that an order, etc. (referring to Presidential Decree, Ordinance of the Prime Minister or any of the Ministries, directives, established rules, notifications, municipal ordinances, municipal rules, etc.; hereinafter the same shall apply), which constitute grounds for a disposition or omission, is substantially unjust due to the absence of a statutory basis, confliction with superior legislation, excessive burden to the citizens, or other similar reasons, it may request the relevant administrative agency to take a proper corrective measure, including amendment or repeal of such order. | Appears to have broad powers but exact scope not clear. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 20(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/she may file for an administrative litigation as prescribed by the Administrative Litigation Act. Admin. Appeals Act 51: Where a ruling on appeal is made, further appeal shall not be filed against the ruling, the same disposition, or omission. | Provides for court appeal but Admin. Appeals Act appears to prohibit this. |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | Partially | 1 | 17(1) If the legal interest of the requester is violated due to the disposition or omission of the public agencies concerning the disclosure of information the requester may request an administrative adjudication in accordance with the provisions of the Administrative Appeals Act. In such cases, the ruling authorities on the disposition or omission made by the public agencies other than the state or local governments, shall be the heads of central administrative agencies concerned. (2) The requester may request an administrative ruling without going through the procedures for application for objection pursuant to the provisions of Article 16 (3) The member of the administrative appeals commission who is involved in the administrative ruling concerning the decision on disclosure of information may not reveal the secrets obtained in relation to official duties during and after expiration of his commission. (4) In the application of penal provisions of the Criminal Act and other Acts, the members of the commission mentioned in paragraph (3) shall be deemed as public officials." | Art 17 - the appeal sounds complicated enough to require a lawyer (indeed, it refers to the Administrative Appeals Act), but there is no mention of costs either. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 19(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/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. | |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Admin. Appeals Act various provisions | Very detailed procedures throughout the Act. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | Not mentioned. | |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Not mentioned. | |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | NO | 0 | ||
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | ||
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | Partially | 1 | 28 No one shall be put at a disadvantage in terms of his/her status, including disciplinary measures, or be discriminated in work conditions on the grounds of legitimate information disclosure under this Act. | Seems to be limited to work-related conditions. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | ||
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 6(2) Public institutions shall organize the information management system for proper preservation and expeditious search of information, 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. PD 11-2: The head of a central administrative agency, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Metropolitan Autonomous City Mayor, Do Governor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), and a superintendent of an office of education of a Special Metropolitan City, Metropolitan City, Metropolitan Autonomous City, Do, and Special Self-Governing Province may appoint a chief officer of information disclosure, from among the public officials under his/her jurisdiction, to perform duties of the following subparagraphs relating to information disclosure: 1. Operation of the Information Disclosure Council; 2. Guidance on and support for duties pertaining to information disclosure for an affiliated agency; 3. Education and training for the development of business processing capabilities of information disclosure of a public official in charge of information disclosure; 4. Support for an applicant for information disclosure for his/her request of information disclosure. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 22, 24(2)-(5), PD 29 Article 22: The Information Disclosure Committee (hereinafter referred to as the "Committee") shall be established under the Minister of the Interior in order to deliberate on and adjust the following matters: 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 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; 4. Other matters prescribed by Presidential Decree with respect to information disclosure. Article 24(2): (2) The Minister of the Interior 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. (3) The Minister of the Interior shall, if he/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. (4) The Minister of the Interior 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 of outcomes thereof. (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. PD 29: The written report concerning the operation of the information disclosure pursuant to Article 24 of the Act shall include matters falling under the following subparagraphs: 1. Matters concerning the operation status of information disclosure of public institutions; 2. Matters concerning the appraisal of operating status of the information disclosure system pursuant to Article 24 (2) of the Act; 3. Matters concerning measures on requirements, etc. for correction pursuant to Article 24 (3) of the Act. | |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | Partially | 1 | PD 5(2): In order to ensure people’s easy understanding of the procedures for information disclosure, a public institution shall prepare a manual for information disclosure containing the procedures for a request of information disclosure and handling therof, request form for information disclosure, handling fees, and other important matters, and make it available for perusal by the general public. | Public bodies must prepare a manual. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 6(2) Public institutions shall organize the information management system for proper preservation and expeditious search of information, 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. | Basic system for this. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | YES | 2 | 8(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. PD 5(1): The list of information under Article 8 (1) of the Act shall include the title of document, production year, person in charge of the affairs, retention period, etc. In such cases, the list of information under Article 8 (1) of the Act may be replaced by the list of registration information under Articles 20 and 23 of the Enforcement Decree of the Public Records Management Act. | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | YES | 2 | PD 28(1): The institutions falling under the subparagraphs of Article 2 shall submit the operating status of the information disclosure of the previous year to the head of the relevant central administrative agency or the head of a local government by January 31 every year. (2) The head of a Si/Gun/Gu shall submit the operation status of the information disclosure of the previous year, including the operating status of the information disclosure having received pursuant to paragraph (1), to the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor by February 10 every year. (3) The head of a central administrative agency, the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or the Special Self-Governing Province Governor shall submit the operating status of the information disclosure of the previous year, including the operation status of the information disclosure having received pursuant to paragraph (1) and (2), to the Minister of the Interior by the end of February every year. (4) The Minister of Public Administration and Home Affairs shall publish synthetically the operating status of the information disclosure that has been received pursuant to paragraph (3) every year. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | 26(1) The Minister of the Interior 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. |
