대통령기록물의 공개와 보호에 관한 법적 고찰

Abstract

Presidential records are kept in the Presidential Archives. It is also important to protection,preservation of Presidential records but it will have to be utilized. In principle, Presidential records shall be disclosed to the public, but such Presidential records neednot to be disclosed to the public, including information pertaining to the national security, national defense,unification, diplomatic relations, etc., which is deemed likely to seriously undermine national interests, if itis disclosed, Information which is likely to seriously obstruct the protection of people’s lives, physicalsafety and properties, if it is disclosed, etc. The head of the Presidential Archives shall reclassify Presidential records classified as not to bedisclosed to the public, within one year after an elapse of five years from transfer, whether to disclosed tothe public, and reclassify whether to disclosed to the public every two years after such first reclassification,following deliberation by the Special Committee. but in principle, Presidential records undisclosed to thepublic shall be disclosed to the public when 30 years pass after the end of the year of creation. The President shall be designated to Presidentially designated records, including information,Confidential records concerning military affairs, diplomacy and unification prescribed by Acts andsubordinate statutes, which may seriously threaten national security if disclosed to the public, Recordsconcerning domestic and foreign economic policies, trade and finance, which may obstruct the stability ofthe national economy if disclosed to the public, etc.. Presidentially designated records shall be allowed notto permit within the protection period, to be perused, duplicated, etc. The protection period may be determined within the extent of 15 years: Provided, That in cases ofrecords concerning the privacy of individuals, the protection period may be determined within the extent of30 years. During a protection period, records shall be made available to be perused, duplicated andsubmitted for data within the minimum extent in any of the following cases, Where 2/3 or more of themembers of the National Assembly have resolved approval, etc.. Where a former President intends to peruse Presidential records created during his/her term of office,the head of the Presidential Archives shall proactively cooperate in offering convenience necessary forperusal, etc.