About the policy
ABOUT INFORMATION DISCLOSURE POLICY
1. About Information Disclosure Policy
- This policy is to disclose information kept and controlled by public institutions, such as local governments and national agencies to the general public regarding general state affairs, operation of state budget, etc.
2. Legislation · Enforcement of Public Information Act
- Public Information Act has been enforced in January, 1998 to ensure the people’s rights to know and to secure the transparency of the operation of the state affairs after the legislation·proclamation of <OFFICIAL INFORMATION DISCLOSURE ACT> in 1996.
3. Prior Notification of Major Policies
- Public institutions shall prescribe and disclose the specific scope of its disclosure, frequency, time and methods of its disclosure regularly with respect to the critical information such as information related with people's living and budget execution even if there is no request for disclosure.
4. Details of Information Disclosure
- Disclosure Request: disclosure of information kept and controlled by public institutions upon request.
- Information Publication: Prior disclosure of information, such as major policy, activities, and budget execution, kept and controlled by public institutions.
5. Subject of Information Disclosure
- All citizens: All citizens hold the right to request information disclosure to public institutions through applicants themselves or their authorized representatives.
- Corporation· Organization: Corporation· Organization hold the right to request information disclosure to public institutions under the name of representative.
- Foreigners: Foreigners who reside within the country with a certain address, stay temporarily within the country for the purpose of academic and research, or corporate body that has an office in the country can request information disclosure.
6. Scope of Information Disclosure
- Information pertaining to any work or project, such as drawings, photographs, film, tapes, slides, etc. managed and controlled by public institutions
- Relationship with legal recordings on management of public institutions: “All forms of written information or materials, such as documents, books, colon, cards, drawings, audio-visual, and electronic documents, related to any work” is subject of information to be disclosed.
PROCEDURES FOR INFORMATION DISCLOSURE
7. Ways of Requesting Information Disclosure
- Any applicant who intends to make a request for information disclosure may submit a written request for disclosing information to any public institution that holds or manages the relevant information.
[ Stated matters ]
- The name, resident registration number, address of the applicant
- Details of the requested information, forms and methods for information disclosure
- Any public institutions received requests shall document in a register, issue a filing receipt to the applicant, and the receiving department shall transmit it to any department under jurisdiction.
8. Decision on Whether or Not to Disclose Information
- Every public institution shall, upon receiving a request made for disclosing information, decide whether or not to disclose the requested information within “10 days”, and in the event that any public institution is unable to decide within the period fixed, such public institution may extend the fixed period for up to 10 days.
- In the event that any public institution recognizes that the requested information pertains to a third party, the public institution shall inform the third party of the fact and may hear that person’s opinion.
- Third party’s request for nondisclosure
- Any third party shall, upon receiving the fact that a request has been made for disclosing information, decide and request not to disclose the information within “3 days” to the public institution in charge.
9. Notification of Decisions on Whether or Not to Disclose Information
- When it decides to disclose information, notify the relevant applicant of its decision, explicitly indicating the date, time and place of its disclosure, etc.
- When it is likely to significantly obstruct the performance of duties due to excessive quantity of information to be disclosed, it may provide copies or replications of information to applicants after dividing them on a periodic basis, but it should be finished within two months.
- When it decides not to disclose information, a public institution shall promptly notify in writing the relevant applicant of such fact.
10. Methods of Information Disclosure
- Document, drawing, card, photograph, etc.: provision of perusal or copy
- Film, recording and video tape, etc.: viewing or provision of printed and reproduced article
- Microfilm, slide, etc.: viewing, perusal or provision of printed and reproduced article
- Information in electronic form: forwarded through email, provision by storing in media such as a disk or CD, viewing or provision of the copy and output
11. Identification of an Applicant
- When information disclosure is done, the relevant public institution shall identify an applicant as himself/herself or as a legitimate his/her representative. In the case where it is not necessary to identify him/her as himself/herself or as a legitimate representative upon disclosing the information, a public institution may send a copy, output, duplicated article, printed article or duplicated file by mail, facsimile or an email if an applicant requests it.
12. Partial Disclosure of Information
- Where any information, the disclosure of which is requested, consists of a part that shall be not subject to disclosure to the public and the other part which may be disclosed, if it is possible to separate the two parts without being contrary to the purpose of requesting the disclosure of such information, the part that may be disclosed shall be disclosed.
13. Immediate Disclosure of Information
- Information prepared for the purpose of disclosure to the public, publicity materials and information that does not take long time to disclosure shall be immediately disclosed without undergoing procedures of determination.
PROCEDURES FOR OBJECTION AND REMEDY
14. Raising Objections
- Applicant’s raising an objection
- When any applicant is dissatisfied with a decision made by any public institution not to disclose information or a decision made by any public institution to partially disclose information, he/she can raise an objection to the relevant public institution within 30 days from the date on which he/she receives a notice on whether or not to disclose the information.
- Methods of raising an objection
- Any applicant can fill the form of objections and submit it to the relevant public institutions. (the Internet is available)
- An applicant shall write in the form of the objection his/her name, address, contact details, contents of resolution whether to disclose the information, intent and reason of the objection, etc.
- Determination on the objection
- The relevant public institutions shall decide on the objection within seven days from the date on which objection is raised, and when the public institutions cannot make a decision due to inevitable grounds, such period can be extended by up to seven days
- Where public institutions decide to dismiss or reject an objection, they shall notify applicants of the fact that applicants may file for an administrative appeal or administrative litigation.
- A third party’s raising an objection and rights to be protected
- When public institutions that are asked not to disclose information by a third party makes a decision to disclose the information, the third party can raise an objection to the relevant public institutions within seven days from the date on which he/she is notified the decision of disclosure.
- In this case, the relevant public institution shall give an interval of at least 30 days between the date on which a decision is made to disclose the information and the date on which the information is to be disclosed, and the third party can react to information disclosure by the public institution, both filing an administrative appeal or administrative litigation applying suspension of execution.
15. Administrative Appeal
- Filing an administrative appeal
- When any applicant is dissatisfied with a decision made by a public institution in connection with information disclosure, he/she may file an administrative appeal without undergoing procedures of raising an objection.
- A form of an administrative appeal shall be filed to an appellee, that is the relevant public institution to whom an administrative appeal is filed, or an administrative appeals commission.
- In such case, the administrative agency that supervises the decision of a public institution, other than state agencies and local governments, shall be the head of the relevant central administrative agency or the head of the relevant local government.
- A period of filing an administrative appeal
- An applicant shall file an appeal within 90 days from the date on which he/she begin to know the decision made by a public institution on information disclosure.
- The period shall not be extended to 180 days without reasonable reasons from the date on which the relevant institution makes a decision.
- A ruling
- A ruling shall be made within 60 days from the date on which an appellee, that is the relevant public institution to whom an administrative appeal is filed, or an administrative appeals commission, and in the case where there are inevitable grounds, such period can be extended by up to 30 days once.
16. Administrative Litigation
- Procedures of an administrative appeal
- When any applicant is dissatisfied with a decision made by a public institution in connection with information disclosure, he/she may file an administrative litigation pursuant to administrative litigation act without undergoing procedures of raising an objection or procedures of an administrative appeal.
- Period for Bringing Litigation
- An administrative litigation shall be instituted within 90 days from the date on which a decision is made by the relevant public institution or the date on which the exemplification of a written adjudication is served.
- A litigation cannot be instituted after the lapse of one year from the date a decision is made by a public institution or the date a ruling is made by an administrative appeals commission
Receipt of Information Disclosure
GUIDE TO RECEIPT OF INFORMATION DISCLOSURE
1. Application through the Internet: email@example.com
2. Application through phone or facsimile
- A Department in charge of Information Disclosure: General Affairs Team/ 02-2220-0117
- Receipt of Application of Information Disclosure (Facsimile): 02-2292-1285