광역시행정심판위원회의 자의적 정보공개 거부에 대한 정책적 통제 방안 = Policy Control Measures for Arbitrary Refusal of Information Disclosure by Metropolitan Administrative Appeals Commissions

다국어 초록 (Multilingual Abstract)

This study investigates the reality of the information disclosure system being misused as a defensive mechanism in the administrative field and explores policy control measures to address these issues. To this end, it analyzes the interpretive tendencies of information disclosure laws by Metropolitan Administrative Appeals Commissions, focusing on a 2025 ruling by the Central Administrative Appeals Commission (Case No. 2025-03207). The analysis reveals several typical aspects of passive administration: ① comprehensive and expanded interpretation of the ‘ongoing trial’ exemption, ② infringement on the claimant's right to defense through the arbitrary addition or change of grounds for refusal during the litigation stage, ③ evasion of de-identification and partial disclosure duties through the arbitrary application of the ‘Mosaic Theory,’ and ④ mechanical refusal based on the non-existence of information and evasion of data processing duties. To overcome such closedness and enhance the fairness of administrative appeals, this study proposes policy alternatives, including strengthening the substantive investigation functions of the Central Administrative Appeals Commission, introducing specific implementation orders with binding force, functionally separating the adjudicating body from its administrative secretariat to ensure independence, and establishing ex-post control and evaluation mechanisms to guarantee administrative accountability.