Académique Documents
Professionnel Documents
Culture Documents
I. Introduction
(1) We often called the Modernized Society Information-Oriented Society as New Era
that differs from that in the past. Republic of Korea is also progressing to the road of
informatization so quickly after announcing the Year of Information Communication on
1993.
Due to the advancement of science technology, people can more easily have access to
any information of the entire world through only computer and are able to use it, but that
science begets inequality between people who can access or get precious information and
people who cannot have access to or cannot get it. Those affect human life or the dignity of
human, which makes people reach desired information for a fortune, gold or a nations
wealth.
Modern human beings has been recognizing Freedom of information as not only a
crystal of participatory democracy, accountability and good governance but also as status
like the medulla of a fundamental human right. The developing countries as well as
advanced nations agree with statement that information freedom is an important part of
modern democracy. This access should be within that range unless and until it is harm
shown to public interest. The right to freedom of information refers primarily to the right
to access to information held by a wide range of governmental agencies. It reflects the
principle that public bodies do not hold information on their own behalf, but rather for the
benefit of all members of the public. Accordingly, individuals should be able to access to
this information unless there is an overriding public interest reason for denying access.1
In the contemporary era, another aspect what we should be considerable is namely the
right to the truth. Related to the idea of freedom of information is transparency of decisionmaking processes of government.
Also, as nations administrative authority digs into a secluded part of public, private life of
people, the desire of people that wish to share the administrative information holding
nation etc. have begun to be elated.
The sharing of Administrative information that nation ect, have is absolutely
indispensable.
First, in the world, Sweden that was ready for the system of Public information although it
has no article regarding the human right in theirs the constitutional law, it has been highly
estimated that is settled the right system of Public information. We can say that the
settlement of the right system of Public information is the key to realize the modern
democracy. Second, almost western nation carefully devotes all their strength to
preparation of law institution as to the Disclosure of Information. As a part of endeavor,
U.S.A., France etc, Act on the Freedom of Information on the independent several country
amount to be prepared.
In the first stage, it is difficult to fulfill this institution because of an authoritative
insincerity or posture burdened about public obligation of administrative officials.
However, if reviewing the management state of the disclosure of information about the
each nation, according to the spirit of the original that is concrete realization of right to
know, the positive management amount to around 90% is catching us attention.
(3) Be different with states of Western Europe, in case of Asia, it is not familiar with the
Administration Information Disclosure, cause of the high administrative authoritative
thought. Japan had established the Administration Information Disclosure through the
ordinance of the local self-government by the end of 1976. But the administrative decree
remains conservative trend, for this reason, the Enactment of Act on the disclosure of
information hadnt been achieved, but the Administration Information Disclosure Act has
been established last 1999. Republic of Korea had begun the establishment of an ordinance
on the administration's information disclosure in the City of Chung-Ju on 1991. The
establishment is a shorter period than Japan, but after established and South Korea is
enforcing Official Information Disclosure Act (the disclosure of the administrative
information Act of Public institution in the Republic of Korea.).
In this Dissertation I would like to search for the improvement direction for settlement of
the right to information to compare and review Republic of Koreas problem with the
administration information disclosure act of Public institution in U.S.A., France, Japan etc..
(4) An act on the disclosure of information for materialization of realization of the right
to know is premising the general, objective organ (Public Information Committee etc.) of
the Administration Information Disclosure. Prevailingly, this body makes it a rule not to
limit as to the object of disclosure. However, in some cases, this act restricts and stipulates
in detail regarding the object of the disclosure of information exceptionally in the
construction of law and the managing to restrict the abuse of excessive discretion by this
committee. Furthermore, the act of this organ like the Public Information Committee
prescribes the procedural remedy as to the concerned person and third party for realization
of right and the principle of a law governing from the constitutional law point of view.
(5) This Dissertation inquiry into the concept and meaning and necessity of the
disclosure of information that several countries explain, especially, it is a comparison of the
difference between the claim of information disclosure of individual and the claim for
inspection from the constitutional law point of view. I clarify the concept as to Right to
Know that bring up legal reason on the claim of information disclosure, Republic of Korea
have no clear regulation on the Constitutional Law so that there are theoretical
confrontation regarding being able to reorganize the Right to Know, based on regulation of
the constitutional law.
I will try to find that people wish to open the specific information such as climate change
and grain prices forecast through the relation with articles of Act on Right to information
of India with ROK. This it will be decreased national financial extravagance.
In side of politic, this study will help to make estimates preciously on demand of all sorts
and conditions of people to be occurring according to surround environmental change.
New term, a Post Neo-liberalism2 will be introduced in my study for explaining these
phenomena. This suggests that key word of Right to Know will move toward the financial
Q-Man Ban, The Post Neo-Liberalism had showed in the International Conference on Mitigation of Climate
Change: Law. Policy and Governance, Campus Law Center, University of Delhi, 25th 27th Apr 2014,
http://clc.du.ac.in/full-Event.aspx?id=10, visited on 2nd May 2014.
field. This new term is related to Economic and Environmental issue and RTI. The more
science technique is going to develop the more issues connected with RTI will be raised
question and Government standpoint also need to express to their people clearly and
transparently.
This study will contribute to policy decision of India and ROK in the side of law, Right
to Know that is affected by interdisciplinary study like this.
III. Hypothesis
For data analysis (refer to the table in this paper), I had surveyed one questionnaire with
total 17 questions to 66 persons who is consists of from experts in their respective fields
like a writer, politician, public servant, activists in NGO, lawyer, researcher, professor,
doctor, teacher, economic analysts ect..
These experts or general people access to many mass media or Government
Organization for theirs research or task or sometimes getting information need to theirs
living.
These behaviors, especially environmental issue, and Europe financial crisis are
connected with Right to Know indirectly or directly. Furthermore, fluctuation of the
market price in the stock market or Grain market is affecting to their future and sometimes
can hold sway on the definitive outcome of making decision of them.
I create one hypothesis what and how Climate change affects the change of recognition
of human being. At this moment, I studied how both countries, India and Republic of Korea
through RTI who is meeting many people daily change their mind. Second, I supposed
whether human beings will claim or do not claim to open specific information in relation
reciprocal between cognition and behavior of human being with this climate change.
This paper investigates the social status of RTI in India and ROK, specifically with
regard to relating to environmental issue, and the larger importance of the right to know not
only India and ROK but also in the world.
Comprehensive analysis of the complex issue of RTI in India requires an
interdisciplinary perspective because the word know in RTI is also the cause of many
psychological problems in modern society. Therefore, this paper draws literature from
Behavioral Economics, Psychology, Climatology, Historical evidence, and Official
Statistics (both from the government and from Indian literature) to investigate the complex
history of RTI and climate in India. This analysis is accomplished through a framework of
social exchange theory in organizational behavior3 because the methodology used is
interdisciplinary, depending on mutual cooperation among various fields of study.
Also I endavoured to adapt not only my survey, but also theses or doctorate and papers
and treatises from journals that is officially recognized to present evidence and refutations
on my theory.
Cropanzano, Russell, and Marie S. Mitchell, 2006, "Social exchange theory: An interdisciplinary
review." Num 31, 6th, Journal of Management , 874-900, Malone and Crowston, 1994, Malone, Thomas W.,
and Kevin Crowston. "The interdisciplinary study of coordination." ACM Computing Surveys (CSUR) 26.1
(1994): 87-119.
In chapter 1st manage Data Analysis, historical and philosophys angle, from the public
and administrative laws viewpoint, the right of information disclosure in global side,
informations several concepts, and comparison with Right to know about the constitutional
law.
This chapter 2nd, by the method of literature study, manages comparison of other country
act and the comparative examination with system of several countries, U.S.A., England,
German, Sweden, France, and Japan etc. In addition, this chapter is written, why does
each country need the Public Information Act?
Moreover, it manages matters being confused with the Disclosure of information; it is
the Information that is supplied by the discretion of administrative agency. It will explain
what the difference between the disclosure of information and supplying of information
has. The supplying of information is that centered administrative official gives certain
information for needed people, and on the contrary, the information disclosure, when
people claim the disclosure, the administrative agency should disclose it.
The chapter 3rd and 4th, I make an examination requirement for the non-disclosers
decision of the public institution about the disclosure claim and about the Remedies for
right from Koreas the Act on the Disclosure of information point of view. And I will
examine on legislation example of the administrative remedy in another country, pointing
out the problem of the remedial procedure of right in Korea from the act on the disclosure
of information point of view, wanting to seek out the proper remedial procedure of right,
an ordinance of the City of Chung-Ju and the Act on Public Information. In addition, this
chapter seeks out to analyze the present public institutions act on the disclosure of
Anders Chydenius, The Worlds First Freedom of Information Act, was one of the most
notable politicians of 18th century Sweden-Finland. He is most of all remembered as an
outspoken defender of freedom of trade and industry, the Adam Smith of the North. 4
Behind Anders Chydenius thought and actions there can be seen three of the main keys to
the spirit of his time: the idea of natural rights, the natural scientific worldview, and
Pietism, which emphasizes the religious convictions of the individual. 5 These three are
useful things even today.
He experimented with new breeds of animals and plants and adopted new methods of
cultivation. In all his practicality, Chydenius was clearly representative of the Swedish
Age of Utility with his aim of enlightening the peasantry by example. 6 Today, this is
same with it that South Korea Government have proposed Plan for Creative Economy to
propel stable growth.
In practice around the world, this has usually meant a statutory right on the part of the
public to see certain types of recorded information held by public authorities.7 Right to
know as fundamental right has issued in Sweden since the 18 th century (citizens have the
right to know - the right to access to official documents). Freedom of information has been
developing at a strong pace only recently, but it is hardly a new concept. The roots of the
FOI principle date back to the 18th Century, the Age of Enlightenment.8
In Sweden and Finland, 2014 is observed as the 248th Anniversary, 2016 will see 250th
Anniversary, after this dissertation will be approved, of the Freedom of Information
10
legislation was adopted by the Swedish parliament in 1766. The key of the 1766 Act
achieved by Anders Chydenius (1729-1803) were described in his article censorship and
the gaining of public access to government documents.
Although the innovation was suspended from 1772-1809, the principle of publicity has
since remained central in the Nordic countries.9
Chydenius participated actively in the Diet of 1765-66 for getting the concrete results of
an extension of the freedom of the press, which is the Ordinance on Freedom of Writing
and of the Press (1766) abolished political censorship and gave the public access to
government documents. This was the worlds first freedom of information legislation.10
The Official Secrets Act, 1923 in India makes all disclosures and use of official
information of a criminal offense unless expressly authorized. But still there is too much
secrecy which is the main cause of administrative faults. 11 The constitutional philosophy
also amply supports it; nevertheless, Indian Constitution does not specifically provide for
the right to information as a fundamental right.
As today, information is wealth; hence, it is impossible for us to emphasize its equal
distributions importance much over. Taking a cue from this Constitutional philosophy, the
9
Mark Glover, Sarah Holsen, Craig MacDonald, Mehrangez Rahman, Duncan Simpson, Freedom of
Information: History, experience and records and information management implications in the USA, Canada
and the United Kingdom, ARMA International Educational Foundation, The Constitution Unit Department of
Political Science/School of Public Policy University College London UK, Oct. 2006,
http://www.armaedfoundation.org, (visited on 6 May, 2013).
10
Anders Chydenius, The Worlds First Freedom of Information Act, Publisher, Anders Chydenius
Foundation, www.chydenius.net, 2006. at 4, (visited on 25 July, 2013).
11
Dr. I.P. Massey, Administrative Law, Eastern Book Company, 1985, at 478.
11
Supreme Court of India found a habitat for freedom of information in Articles 19 (a) and 21
of the Constitutional law.12
India Court is enumerating the right to free speech and expression that It is heartening to
notice that the highest Bench in India while recognizing the efficacy of the right to know
which is a sine qua non of really effective participatory democracy raised simple right to
know to the status of a fundamental right. In S.P. Gupta v. Union of India the court held
that the right to know is implicit in the right of speech and expression guaranteed under a
Constitution in Article 19 (1) (a). The court decided that the right to free speech and
expression includes: (i) right to propagate ones view, idea and their circulation: (ii) right to
seek, receive and impart information and idea; (iii) right to inform and be informed; (iv)
right to know; (v) right to reply; and (vi) right to commercial speech and commercial
information. Furthermore, the Court has widened the scope of getting information from
government files, by narrowly interpreting the privilege of the government to withhold
documents under section 123 of the Evidence Act. However, this judicial creativity does
not substitute for a constitutional or a statutory right to information.13
Section 5 also hold back the access and the circulation as the virtual reproduction of
Section of the British Official Secrets Act, All information which a Crown servant learns
in the course of his official duty is official for the purpose of Section 2, whatever its
nature, whatever its original source. Consequently, whoever receive such information,
whether reporter or layperson are liable to punishment. Both the giver and the receiver of
12
12
information are liable to imprisonment for a term which may extend to three years. 14 A
striking difference between English and Indian government affairs, the Attorney-General in
England independently decides whether to prosecute or not.15
With the judicial support, the right to information has now become a core of public issue
and there is a strong demand for the enactment of a formal law on freedom of
information,16 although it is various restraints and exemption. The state of Goa, since
1997, Tamil Nadu and Rajasthan have legislated laws ensuring public access to
information. They submitted various drafts to an assembly for authorized institutes like the
Press Council of India that to considerate and by independent citizens groups.
Ultimately, Freedom of Information Act, 2002 was passed by the consent of the President
on January 6, 2003. The act provides that any person seeking information could approach
designated authority either in writing or through electronic media.
VI. Conclusion
This is applicable to both India and R.O.K. the act on public information have been
limitation from a point of departure, namely, That is why Non-Disclosure Object
Information had been created widely, inclusively. This, Indias RTIA, 2005, also should be
overall revised, improved, but is remained indefinite cause until now. Especially, both
14
See A. G. Noorani: Secrets Act: An Anachronism, Indian Express, 31 July, 1981. Dr. I.P. Massey, The
Administrative Law, Eastern Book Company, 1985, at 480.
15
Guhan, Sanjivi, and Paul Samuel, eds., 1997, Corruption in India: Agenda for action. Public Affairs Centre,
at 123; Lord Shaweross, The Times, 19 Nov. 1970. Although the Attorney-General is a political appointee,
his actions as Attorney-General and the way he exercise his discretion are entirely nonpolitical.
16
Ibid, A. G. Noorani:, at 481.
13
countries, in the public informations objection, the information that is being perfectly
excluded are some information that is collected or produced by agencies in charge of
information pertaining to the national security and security services as the purpose of the
information analysis.17
The information above mentioned will be also able to regulate enough by clause of nondisclosure objection information. The Limitation of Consumer and Supplier Information
Supplier also involves various limitations.
First, as main contents, consumers have no time to spare for reviewing that information
because of busy schedules, or prefer individually to specific information or have the case
that excessively expect and distrust as to inform.
Both have the restriction analogous limitation so that it is not only easy for us to define
the proper relation between consumer and supplier but also always disputed.
We need to decide that authority that decision maker has commission is where she/he is,
also the information agency which is comprised of public servant should meet the demand
of desire for information to the extent to which, should decide according to individual
cases.
That means information that open to the public should not be given just a market. But the
Government should endeavor open and give their people useful information which have a
profit in the future such as temperature change.
Information about threats to the environment, health, or human rights, and information
revealing corruption, should be released18 Furtherore, so, we need to study for the
17
Art. 4 (3) the Official Information Disclosure Act, R.O.K., Art 8 (1), The Right to Information Act 2005,
India.
18
Ibid, Rajak, et. el., at 74.
14
presentation for this criteria what does information play the role?, that is established
between information agency and information consumer through multiple research.
Not all open information always helps with decision making for policy. So that we need
to study and be ready for several primary factors of information failing
Main failure factor is the mistake of information analyst, the mistake of information
agency, the mistake distribution of information, failure of consumer persuasion etc..19
In India Act, above all, the first, appellate authority is a weak link in RTI regime. The
strength of any chain of activities lies in its various links. Hence, the success or failure of
the implementation of the Act depends on the level of understanding and executing their
respective roles by concerned players in the RTI regime responsible for ensuring the supply
of information. The role of the first Appellate Authority in the RTI Act is as important as
that of the Commission. Large number of appeal/complaints before the Commission, inter
alia, would be reflective of the quality of functioning of the First Appellate Authorities of
the public authorities. The RTI Act does not prescribe with due clarity either duties and
responsibilities nor any deterrent in the event of failure to do so for the First Appellate
Authorities. This perhaps appears to be one of the greatest causes for the indifferent attitude
of the First Appellate Authorities in the RTI regime.
As senior officer(s) of the organization, they need not only to discharge their quasi
judicial function properly, but take corrective measures also to strengthen the supply end of
information management in accordance with provision of the RTI Act especially section 4.
Second, it is the absence of a standard / uniform procedure in deciding the complaint for
non compliances. The need for ensuring compliance of the orders of the Information
19
15
Commissions cannot be emphasized enough. Noncompliance not only negates any sense of
justice the appellant may deserve, but also indicates disrespect towards the institution and
the spirit of the RTI Act. However, there is a significant absence of any uniform process of
handling the cases of non compliance by the Information Commissions. Some Information
Commissioners treat non-compliance of their orders as a complaint which is registered
separately and disposed; whereas, others consider them as a part and extension of earlier
case record and the matter is dealt with like a normal correspondence in a file.
Third, pendency is increasing and Cases and the scope of the claim will more increase
and be more expended according to the theory of sunspot and behavioral economics. The
creation of a backlog and pendency in the disposal of appeals and complaints does not
augur well for the future of the Right to Information in the country. One of the reasons for
considering the RTI Act to be a revolutionary one is stipulation about strict response time
for furnishing information backed up by individual penalty on erring government official.
This requirement of timeliness has been extended to the First Appellate Authority as well
an order has to be given within 30 days from the date on which the first appeal is filed.
However, the long queues, the absence of knowledgemen on affairs of public officer at the
level of the Information Commissions are a cause of major concern amongst stakeholders
especially information seekers. This may perhaps be a case for stipulating reasonable
timeline for disposal of second appeals too.20
Therefore, in the RTI Act management area, the issues of the above are important areas
in the side of Public Information and should be improved urgently.
20
16
It appears necessary to discuss and debate on these issues and laid down a way forward
for legal and pragmatic solutions. This paper barely begins to scratch the surface of what is
possible, but I hope it will suggest new ways forward in analyzing the the right to
information/democracy/development relationship.
17
Forth, Public officials must present the ground document to the applicant when refuse on
request on some information. The reason of refusal must be clearly and specifically
defined by law. Any refusal must clearly state the reasons for withholding the
information.21 Officers should also have proper authority, when denying to disclose on
some information, through an internal review process, should prove to justify that do not
disclose.
The training program for access to information should be instantly instructed to all
officials and should endeavour to boost the level of literacy of all people 22 because Poor
quality education can affect to security.23
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20
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