情報公開制度의 改善方向에 관한 法的 考察

Abstract

Freedom of information is a fundamental human right to gather, transmit the information without interference. Act on disclosure of information by public agencies is based on this speculation. The purpose of this Act is to ensure the people s right to know and to secure participation of the people in state affairs, by providing for the necessary matters concerning the obligation to disclose information possessed and managed by public agencies and the people s request for the disclosure of such information. Nowadays the Internet has emerged as integral part of our communication and social infrastructure with millions of users and companies online. This growth resulted in critical changes to the legal regulation of activity based on the Inernet. As new technology creates new situations which existing law cannot control, law can be an obstacle to adapt to new situation. This study examines what might be a suitable way to exert promotion on the disclosure of information by public agenies in comparison with the legal system of the United States, Japan and France. In 1996, the United States enacted the Electronic Freedom of Information Act to amend the Freedom of Information Act. This Act imposes the public sector to create all the information in electronic format and to transform the information they have into electronic forms. In digitalized, it is a premise to achieve the ideal of disclosure of information . This study concludes with an evaluation of the present disclosure of public information system, the need for the reforming its measure and the creating new legislation against the change of information environment. Key Words : freedom of information, electronic freedom of information, public information. act on disclosure of information, act on disclosure of information by public agencies