Under the Korean Freedom of Information Act, governmental authorities must disclose information which they have created, acquired retained and controled in order to secure people's right to know and to enhance transparency. However the information in ...
Under the Korean Freedom of Information Act, governmental authorities must disclose information which they have created, acquired retained and controled in order to secure people's right to know and to enhance transparency. However the information in the process of decision making is exempted from the disclosure according to § 9①5. of the act. But the information in the process of decision making is very important for people because it would affect severely their ordinary lives and it would decide their legal rights. Therefore it is urgently needed in this society to establish a legal framework to disclose the information in the process of decision making.
In the United States, all most all jurisdictions have 'Sunshine Acts' or 'Open Meeting Acts' which were designed to compel the government to make most decisions in public. Therefor the information in the process of decision making must be open to public. The Open Meeting Acts described that not only governmental authorities but also private organizations which have performed public work must disclose their meetings. The Acts also described that the 'meeting', adopted by the acts, would be the gathering of members of the authorities to make a decisions. The Acts also needed notice before holding the meetings. Exemptions, remedies and penalties also described in the Acts.
However there have been many critics on the effectiveness of the Acts. Because the Acts would increased too much costs for the authorities to support and operate meetings to be opened. The critics said that the Acts have also made the members of authorities be reluctant to argue their opinions on the critical matters because they would be afraid of whole their actions in the meetings being disclosed in the meetings.
After considering the Open Meeting Acts and pros and cons on the acts in United States, we reached the conclusion that the Open Meeting Act suitable for Koran situations shall be introduced and enacted. We also think that Korean Open Meeting Act shall be applied only to the collegiate governmental authorities established by Korean Constitution or Special Acts which have certain provisions creating these authorities. We think the meeting which shall be opened must be restricted to the decision making meetings. We concluded that the notice shall be included in the Act and the other ways for people to take part in the meetings shall be designed in the Act. We also suggested that the Archive Control Act must be amended when the Act shall be introduced in Korean legal system.