• Title/Summary/Keyword: 정보공개의 원칙

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A Legal Analysis of Identity Revelation of Malicious Crime's Suspect (강력범죄 피의자의 신상공개에 대한 법적 고찰)

  • Jeong, Cheol-Ho
    • The Journal of the Korea Contents Association
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    • v.12 no.7
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    • pp.156-168
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    • 2012
  • As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

해외안테나 - 관ㆍ민 정보제공기관을 돌아본다

  • Korea Database Promotion Center
    • Digital Contents
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    • no.4 s.47
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    • pp.50-60
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    • 1997
  • 최근 국내에서는 미국에서 시효가 만료돼 공개한 정보를 국내 언론에서 공개한 사안을 두고 갑론을박의 상황이 일어났다. 미국, 일본 등은 정보는 원칙적으로 모두 공개돼야 한다는 개념을 기반으로 정부 정보 제공에 대해 접근하고 있다. 본 기사는 일본의 조사단이 미국의 정부정보 서비스 업체 및 업계를 방문해 수집한 관련자료를 정리한 것이다.

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Archival Reference Service and Freedom of Information in Korea (기록정보 서비스와 정보공개 - 이용자 중심의 서비스 논쟁을 중심으로 -)

  • Youn, Eunha
    • Journal of Korean Society of Archives and Records Management
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    • v.12 no.2
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    • pp.163-179
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    • 2012
  • The author discusses the nature and scope of archival reference service through the debate to user studies in the 1980s and the 1990s. Until the 1990s, archivists paid little attention to studying their user population. A new approach to archival user service led to the development of various public services of archives and resulted in active interaction with the public. Based on the discussion, the article examines the implication of archival reference service in Korean society.

A Study on the Government Full-text Information Disclosure System through the Survey on the Government Officials' Perceptions (원문정보 공개제도에 대한 공무원들의 인식조사 연구)

  • Jang, Bo-Seong
    • Journal of Korean Library and Information Science Society
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    • v.47 no.1
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    • pp.339-360
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    • 2016
  • This study is intended to analyze the actual condition of operating the full-text information disclosure system of government and Officials' Perceptions. According to the results of analysis, the public servant group's level of full-text information disclosure system was high. With regard to the positive and negative function of full-text information disclosure, an expectation for positive function was high in the aspect of assuring the transparency of administration. And public servants were worried about an increase in the burden of administrative duties. With regard to factors in hindering the development of full-text information disclosure, it was shown that the percentage of clients' abuse and misuse of full-text information was the highest. For the activation of full-text information disclosure system, it is necessary to prepare measures for preventing the abuse and misuse of full-text information.

A Study on the Enhanced Strategies for Information Disclosure Deliberative Committees (중앙행정기관 정보공개심의회 운영 개선방안 연구)

  • Choi, Jeong Min;Kim, You-seung
    • Journal of Korean Society of Archives and Records Management
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    • v.15 no.3
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    • pp.7-28
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    • 2015
  • This study aims to provide enhanced management strategies for information disclosure deliberative committees in the Government 3.0 era. It confirms that there has been no progress on the committees' management since the implementation of the Government 3.0 policies. On the contrary, certain retrogression aspect on the committees have been discussed. The study suggests the four alternative strategies as follows: First, the committees should be held regularly and exercise their authority for referring to discussion. Second, it must be configured that outside committee members are more than internal committee members. Also, there should not be any restriction so that external members can be a chairman. Third, the committee meetings should be in the face-to-face form in principle. The documentary deliberation could only be allowed if issues are repeated and they are similar. For this type of deliberation, the procedure and schedule should be established and complied to. Fourth, for the effective operation of the information disclosure system, department and staffing in charge are required.

A Study on the Access in the Government Archives & Records Service of Korea (한국 정부기록보존소의 역사기록물 공개에 관한 검토)

  • Lee, Jin-Young
    • Journal of Korean Society of Archives and Records Management
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    • v.3 no.1
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    • pp.129-140
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    • 2003
  • The ultimate goal of preserving and maintaining the records is to use them practically. The effective use of records should be supported by the reasonable recordskeeping systems and access standards. In this report, I examined the Korean laws and administrative systems related to the public records access issues. After I pointed out major problems of the access laws, the Government Information Opening Act (GOIA), and the problems in practices, I suggested some alternatives for the betterment of the access system. The GIOA established "eight standards of exemption to access" not to open some information to protect national interests and privacy. The Public Records Management Act (PRMA) applies to the archives transferred to "professional archives." The two laws show fundamental differences in the ways to open the public records to public. First, the GIOA deals with the whole information (the records) that public institutions keep and maintain, while the PRMA deals with the records that were transferred to the Government Archives. Second, the GIOA provides with a legal procedure to open public records and the standards to open or not to open them, while the PRMA allows the Government Archives to decide whether the transferred records should be opened or not. Third, the GIOA applies to record producing agencies, while the PRMA applies to public archival institutions. One of the most critical inadequacies of the PRMA is that there are no standards to judge to open the archives through reclassification procedure. The GIOA also suggests only the type of information that is not accessible. It does not specify how long the records can be closed. The GARS does not include the records less than 30 years old as its objects of the reclassification. To facilitate the opening of the archives, we need to revise the GIOA and the PRMA. It is necessary to clearly divide the realms between the GIOA and the PRMA on the access of the archives. The PRMA should clarify the principles of the reclassification as well as reclassifying method and exceptions. The exemption standards of the GIOA should be revised to restrict the abuse of the exemption clauses, and they should not be applied to the archives in the GARS indiscreetly and unconditionally.

A Study on Operating Method of Public Information System of Archival Institutions (영구기록물관리기관의 공개제도 운영방안 연구)

  • Yoon, Yeo-Jin;Kim, Soon-Hui
    • Journal of Korean Society of Archives and Records Management
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    • v.9 no.1
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    • pp.51-75
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    • 2009
  • In this study, the improvement plan for the appropriate archives opening system in this country was proposed, by searching for the optimal operating method of opening system of archival institutions through the foreign instances related to the integrated type operation and the separate type operation. The opening system in the archival institutions shall be operated in consideration of the characteristics of the preserved archives and the various values and contexts rather than riding on the administrative logics. The opening system in the archival institutions shall be operated in consideration of the characteristics of the preserved archives and the various values and contexts rather than riding on the administrative logics.

Improvement Proposals for Biometric Information Protection Guideline based on the Analysis of Global Bio Information Privacy Issues (글로벌 바이오정보 프라이버시 논점 분석을 기반으로 한 바이오정보 보호 가이드라인 개선 방안)

  • Jung, Boo-geum;Kwon, Hun-yeong;Park, Hea-sook;Lim, Jong-in
    • Convergence Security Journal
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    • v.18 no.3
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    • pp.87-94
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    • 2018
  • Privacy means the right not to interfere with the private life of an individual. Bio data is the most private personal information about the person itself, and according to advancement of technology, it is possible to analyze and judge individual as well as identify individual. The Personal Information Protection Act is based on global privacy principles, but the legislation for the protection of bio information has yet to be enacted. Therefore, it is time to protect biometric data as more sensitive information than general personal information. We will review the global privacy discussions for protecting biometric information and propose additional privacy principles and measures for utilization that should be defined in the biometric information protection guideline.

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A Study on Confidential Records Management System in Japan (일본의 비밀기록관리 체제에 대한 연구 특정비밀보호법 제정·시행을 둘러싼 논의를 중심으로)

  • Nam, Kyeong-ho
    • The Korean Journal of Archival Studies
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    • no.56
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    • pp.113-145
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    • 2018
  • Japan has enacted the Public Records and Archives Management Law from 2011 in order to prevent mismanagement of records management and to fulfill accountability to the public. However, in 2013, The Designated Secrets Protection Act was enacted before the Public Records and Archives Management Law brought changes to administrative institutions. The Designated Secrets Protection Act have raised concerns that the public's right to know and the transparency of administration are being retreated, especially the development of freedom of information and records management systems. This article analyzed the background of the establishment of Designated Secrets Protection Act and the contents of legal composition. It also identified the possibility of human rights abuse in the aptitude assessment system, the lack of independent monitoring agencies, the impossibility of internal accusations, and the possibility of wide confidentiality designation. Furthermore, analyzed how the problem affects Japanese records management and freedom of information system. Through this, I suggested the improvement of the system of the secret level records management system in Korea, the establishment of the clear purpose of the secret record management, the application of the Tshwane principle, and the establishment of the independent and professional monitoring agency.