CONTENTS
- 1. The Story of the Client the Administrative Litigation Attorney Met
- - Relevant Statutes and Precedents Explained by the Administrative Litigation Attorney
- 2. What Strategy Did the Administrative Litigation Attorney Develop?
- - The Administrative Litigation Attorney Clearly States That There Is No ‘Ground for Non-Disclosure’
- - The Administrative Litigation Attorney Emphasizes the Importance of ‘the Client's Right to Know’
- - The Administrative Litigation Attorney Argues That There Is No ‘Concern of Invasion of Privacy’
- 3. The Administrative Litigation Attorney's Assistance Results in a Judgment for the Plaintiff
- - From Start to Finish in Administrative Litigation, Daeryun Takes Responsibility
1. The Story of the Client the Administrative Litigation Attorney Met
The story of the client who came to the administrative litigation attorney is as follows.
The client was an ordinary man in his twenties who underwent a physical examination and enlisted as an active-duty soldier.
Military life, however, was not easy. The client had some difficulty adjusting.
He therefore requested psychological counseling and spent time talking with the medical staff on several occasions.
In the course of this, the client realized one day that he had been placed under review for unfitness for active duty.
Not long afterward, the client received a discharge disposition even though his term of service had not ended.
The client could not easily accept this decision. He was also afraid that he might suffer disadvantages later in the job-seeking process.
The client therefore requested the disclosure of the relevant materials forming the basis for the disposition of unfitness in order to learn the detailed reasons.
The military, however, refused. The client, who urgently needed that information, came to an administrative litigation attorney and requested assistance.
Relevant Statutes and Precedents Explained by the Administrative Litigation Attorney
■ Relevant Statutes
Official Information Disclosure Act Article 9 (Information Subject to Non-Disclosure)
(1) Information held and managed by public institutions is subject to disclosure. However, information falling under any of the following items may be withheld from disclosure.
5. Matters concerning audit, supervision, inspection, testing, regulation, bidding contracts, technology development, or personnel management, or matters in the process of decision-making or internal review, where there are reasonable grounds to recognize that disclosure would significantly impede the fair performance of duties or research and development.
6. Personal information, such as the name and resident registration number contained in the information concerned, falling under Article 2, subparagraph 1 of the 「Personal Information Protection Act」, where disclosure is recognized as likely to infringe on the secrecy or freedom of private life. However, the matters listed in the following items are excluded.
(a) Information that may be inspected as provided by statutes
(b) Information that a public institution prepares or acquires for the purpose of publication and that does not unjustly infringe on the secrecy or freedom of private life
(c) Information prepared or acquired by a public institution where disclosure is recognized as necessary for the public interest or for the relief of an individual's rights
(d) The name and position of a public official who performed the relevant duties
(e) The name and occupation of an individual to whom the State or a local government has entrusted or commissioned part of its duties under statutes, where disclosure is necessary for the public interest
■ Relevant Precedents
“The 'information for which there are reasonable grounds to recognize that disclosure would significantly impede the fair performance of duties,' which Article 9, paragraph 1, subparagraph 5 of the Information Disclosure Act prescribes as information subject to non-disclosure, refers, in light of the purpose of the information disclosure system under Article 1 of the Information Disclosure Act and the legislative intent of the non-disclosure information under Article 9, paragraph 1, subparagraph 5 of the same Act, to a case in which there is a high probability that disclosure would objectively and significantly impede the fair performance of duties. Whether a case falls under this should be determined carefully according to the specific facts, by comparing and weighing the interest in the fairness of the performance of duties protected by non-disclosure against the interest in guaranteeing the public's right to know and securing transparency in the administration of state affairs protected by disclosure.” (See Supreme Court Decision 2017Du69892, decided September 28, 2018, among others).
2. What Strategy Did the Administrative Litigation Attorney Develop?
The administrative litigation attorney developed a careful strategy so that the client could obtain the relevant information within a short time.
The Administrative Litigation Attorney Clearly States That There Is No ‘Ground for Non-Disclosure’
The military argued that the information qualified as ‘non-disclosure information’ under the Information Disclosure Act.
Under Article 9, paragraph 1, subparagraph 5 of the Information Disclosure Act, disclosure may be refused in the case of information for which there are reasonable grounds to recognize that disclosure would significantly impede the fair performance of duties or research and development.
The claim was that the materials the client requested would impede the ‘fair performance of duties’.
This was a difficult argument to accept at face value.
The materials subject to the disclosure request were the client's counseling records and counseling logs, the review sheet on unfitness for active duty, and similar documents.
The counseling records and counseling logs were no more than materials summarizing the conversations the client had in the sessions he personally attended.
The military failed to properly explain how providing the materials to the party to the counseling would impede the fair performance of duties.
The Administrative Litigation Attorney Emphasizes the Importance of ‘the Client's Right to Know’
The client received a discharge disposition without even being given a detailed reason.
Wanting to know the precise circumstances is a natural right of the client.
To exercise that right, he had to review the relevant documents for himself.
The administrative litigation attorney emphasized that the information should be disclosed to guarantee the client's right to know and right of defense.
The Administrative Litigation Attorney Argues That There Is No ‘Concern of Invasion of Privacy’
The military refused disclosure, stating that it was concerned about an ‘invasion of privacy’ of the persons concerned.
This argument, too, was difficult to accept.
It was entirely possible to delete the private information of the persons concerned, such as their name, affiliation, and date of birth, and then provide only the necessary information.
In addition, the documents the client requested were prepared for an operational purpose, not a private one.
There was little concern that an individual's privacy would be invaded.
Even if some of the persons concerned experienced inconvenience in their lives due to the disclosure of the documents, the client's interest in the relief of his rights, which disclosure would protect, was greater, so it was reasonable for the client's request to be granted.
3. The Administrative Litigation Attorney's Assistance Results in a Judgment for the Plaintiff
As a result of the administrative litigation attorney's systematic assistance to the client, the client received a judgment in favor of the plaintiff from the court.
The court ordered the military to revoke the disposition denying the disclosure of information.
From Start to Finish in Administrative Litigation, Daeryun Takes Responsibility
Many people feel at a loss as to where and how to begin administrative litigation.
Daeryun, where administrative litigation attorneys practice, operates an ‘Administrative Group’ staffed with attorneys who have diverse practical experience and know-how, including at local administrative appeals commissions and the Ministry of Employment and Labor.
It also forms a dedicated team for each field and collaborates with professionals in each area, so that it can respond quickly and accurately not only to the administrative litigation itself but also to other related matters.
If you have questions regarding administrative litigation, we invite you to reach out to an administrative litigation attorney.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
