• The Korean Journal of Archival Studies
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• no.81
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• pp.45-87
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• 2024

This study aims to discuss ways to improve the information disclosure system centered on the Freedom of Information Act by analyzing the revision history of the Act and interviewing information disclosure experts. First, the study analyzed the revision history and contents of the Act from its enactment to today. It found that although positive amendments have been made in terms of expanding the right to know, they have been limited to operational aspects, and no amendments have been made to the criteria for determining information subject to disclosure. The interview was organized into three areas: achievements, problems, and improvements of the Act. The analysis was conducted by breaking down the content of each area and organizing it into themes. In conclusion, the study proposed eight recommendations for improvement, including expanding the scope of information disclosure, categorizing the information to be disclosed, securing a procedure for appealing the non-disclosure of information, increasing the effectiveness of the committee, introducing penalties and disciplinary regulations, establishing an Information Disclosure Appeals Tribunal, establishing systematic controls to prevent misuse of the right to request information, and merging the Public Data Act with the Freedom of Information Act.

• Journal of Arbitration Studies
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• v.31 no.4
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• pp.71-97
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• 2021

The meaning of the amendment to the Media Arbitration Act in our society is not limited to media companies. And it's not just a problem for a specific group. It expresses public value because it is an issue that can affect members of society as a whole and furthermore, it becomes a bill that can infringe or strengthen individual freedom guaranteed by the Constitution, but makes different arguments. Freedom of speech is not achieved in a day and should not be easily lost by someone. Although it is not a frequent problem, fatal threats arising from wrong media reports take away an individual's present and future. It is because of this problem that the responsibility is important. Freedom of speech and control are heading in different directions, but they are the same as the front and back of the coin. The freedom pursued is different, but it consists of one body. If freedom and responsibility of speech made up of one body criticize or ignore each other, the results are scattered into a distorted On the other hand, the flexion of responsibility without freedom serves as a speaker that conveys the ideology of some classes or represents the interests of a particular group. The fact that the media should act as the air of society means that it should represent the interests of the majority, make them aware of the rights of unfair or marginalized members, and be their strength.

• Korean Security Journal
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• no.20
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• pp.365-392
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• 2009

The increased concern about national security in the U.S. after the 9/11 terrorist attacks has influenced public rights of access to government information and its legal foundation, the Freedom of Information Act (FOIA). Public access to government information has been restricted at the policy level by a series of legislative and executive changes in FOIA after September 11, 2001, but the examination of statistics on FOIA implementation between fiscal years 1999 and 2004 shows that the strengthened national security measures did not have a considerable impact at the implementation level during this period. These contrasting findings might be due to the public officials' informal reaction to the criticism of the restriction on public access, bureaucratic inertia, and the use of new record categories not subject to FOIA.

• The Korean Journal of Archival Studies
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• no.29
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• pp.225-268
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• 2011

The general public are interested in the politics and form public opinion and keep in check the government for true democracy. The general public have the right to be furnished information from the government. And the government should enact the Freedom of Information Act to provide the public's right to know. At the same time, the government should enact the Data Protection Act to provide the public's right to privacy. There is a friction between the Freedom of Information Act and the Data Protection Act. It's hard to maintain the proper balance between the Freedom of information Act and the Data Protection Act, but many countries try to do so. The UK enacted the Data Protection Act 1998(DPA), which entered into force on 2000, to comply with EU Directive 1995. The Freedom of Information Act 2000(FOI), which came fully into force on 2005, was passed in 2000. The FOI imposes significant duties and responsibilities on public authorities to give access to the information they hold. The purpose of this study is to consider the provisions of the personal data in FOI and DPA. Besides this, it identifies the complaint cases on public authorities about the disclosure and exemption of the personal data in comparison with the acts. If information is the personal data of the person making the request, it will disclose under the DPA. If information is the personal data of a third party, it will disclose under the FOI. These acts interact each other to make up for the weak points in the other to make a proper application of the act on public authorities. This study may have any limitation in making a comparative study of the disclosure and exemption of the personal data in Korea. But it is expected to provide a basis for understanding the disclosure and exemption of the personal data in the UK.

• Journal of Korean Society of Archives and Records Management
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• v.15 no.1
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• pp.7-28
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• 2015

This study aims to identify the work process of records managers under the Freedom of Information Act (FOI). In particular, it attempted to reveal the problems and difficulties that record managers encounter during FOI work. To do this, this study conducted in-depth interviews with 11 records managers who were in charge of records management and FOI work, and the accumulated data were subjectively analyzed. The study discussed the relationship between records management and FOI and emphasized the need for procedural improvements of the act to alleviate psychological pressure on records managers and help them focus more on the records management process itself.

• 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.

• Journal of the Korea Society of Computer and Information
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• v.22 no.10
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• pp.151-157
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• 2017

In the case of uploading privacy information of an information owner in the Internet, the information owner may want to deliver the privacy information itself or remove such information from the search list in order to prevent third parties from accessing the privacy information of the information owner. Such a right to be forgotten may collide with the freedom of expression of a third party. The right to be forgotten, which originates from the self-determination right on privacy information based on Article 10 and 17 of the Constitution and the freedom of expression, which is based on Article 21 thereof are all relative basic rights and are both limited by Item 2 under Article 37 of the same law, which is the general limitation provision for the basic rights. Therefore, when the right to be forgotten and the freedom of expression collides, it is not possible to give priority to one of the those unilaterally. It depends on the nature of the case at hand to find a natural balance for the harmonious solution for both parties. The criteria can be the sensitivity to the privacy of the information owner caused by the disclose of the privacy information, the public benefits such information may serve, the social common good that could be expected by the disclosure of the privacy information and the damages suffered in terms of the personal interest caused by the disclosure of the information, in a comprehensive manner.

• Journal of the Korean Society for information Management
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• v.33 no.4
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• pp.293-312
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• 2016

This study aims to shed light on the relationship between information official disclosure and records management in the local government's authority regulations. To that end, analyzed 337 local autonomy laws found in ELIS and the Ministry of Office of Legislation. As a result, it found a link between the 'Public Records Act' in terms of 'records preservation (making minutes)', 'information disclosure procedures for transferred records,' and claims receiving department. 'Record keeping (written minutes)' was similar to that of the 'Public Records Act,' and the 'Claims Receiving Department' mentioned 'Record Management Department.' However, the 'Claims Reception Department' had a strong characteristic of the civil service department, and the 'Public Record Act' did not specify the clause in terms of 'minutes of the minutes.' In 'relation with other laws.'

• The Korean Journal of Archival Studies
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• no.17
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• pp.203-245
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• 2008

Although a few years have passed since the importance of the public record management became the subject, the management of the minutes which is produced from the deliberation and decision-making process of an important policy relatively was been neglected the while. When institutionally inspecting at present, the minutes production is based upon Record Management Law, and the minutes opening is based upon Freedom of Information Act. Although the minutes must be made out according to Record Management Law, it is not well operated. So, the minutes formally is made out and there was actually the important minutes excepted from the management object. Opening of the minutes made by Article 9 of Freedom of Information Act has the problem that be used as a basis of dividing unfairly into closed opening because the reason of the closed opening is vague. This study analyzes the problem of production and opening of the current minutes. It also considers Sunshine Act in USA and suggests a institutional ways for production and opening of Korean minutes. We can think of two institutional ways for production and opening of the minutes. One is making a separate law like Sunshine Act in USA. The other is revising the existing laws. In reality it's very difficult to make a new law for minute production and opening. Therefore, the purpose of this study is to suggest the way for revising Record Management Law and Freedom of Information Act that include minutes related regulations. The record must be fundamentally produced and opened for a nation and people as public records is the records of the nation and people as well as an authority which produced those records. If the minutes is produced and opened from a institutional change through the revision of Record Management Law and Freedom of Information Act, the minutes can not only help the responsible administration to realize but be utilized to important historical records as a basis data of an important policy decision-making.

• Journal of Korean Society of Archives and Records Management
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• v.13 no.3
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• pp.173-197
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• 2013

The study aims at providing research trends of information freedom in Korea. A total of 97 articles, which deal with issues on freedom of information from multidisciplinary areas, were selected for this study. These articles are analyzed according to academic backgrounds, research subjects, disciplinary characteristics, and each research period. The study found that the articles, which review various aspects of freedom of information, are conducted by a number of different disciplinary fields as time passed. However, there was a certain tendency that research methods, purposes, and subjects in this area are limited and biased. As a result, it suggests that expanded multidisciplinary studies are needed and that the complex nature of issues related to freedom of information should be considered.