정보공개제도

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<2012년 후기 법학사 졸업논문으로 제출>

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목차

Ⅰ. 서론 ············································································································· 1
A. 연구의 목적 ································································································· 1
B. 연구의 범위와 방법 ······················································································· 2

Ⅱ. 정보공개제도 ······························································································ 3
A. 의의 ············································································································ 3
B. 우리나라 정보공개청구권의 근거 ····································································· 3
1. 헌법적 근거 ····························································································· 3
2. 법률적 근거 ····························································································· 4
3. 조례 ······································································································· 4
4. 정부공문서규정 ························································································ 5
5. 행정정보공개운영지침 ··············································································· 5
C. 외국의 입법례 ······························································································ 5
D. 정보공개의 필요성과 문제점 ·········································································· 6
1. 필요성 ···································································································· 6
2. 문제점 ···································································································· 6
E. 정보공개의 원칙 ··························································································· 6

Ⅲ. 정보공개청구권의 주체ㆍ대상 ··································································· 7
A. 정보공개청구권자 ·························································································· 7
B. 공개대상정보와 부분공개제도 ········································································· 7
1. 공개대상정보 ···························································································· 7
2. 부분공개제도 ···························································································· 8

Ⅳ. 정보공개청구권의 절차ㆍ방법 ··································································· 9
A. 절차 ············································································································ 9
1. 정보공개의 청구 ······················································································· 9
2. 공공기관의 결정 ······················································································· 9
B. 방법 ·········································································································· 11
1. 사본ㆍ복제물의 교부 등 ··········································································· 11
2. 정보의 전자적 공개 ················································································· 11
3. 부분공개 ································································································ 12
4. 즉시공개 ································································································ 12
5. 비용부담 ································································································ 12


Ⅴ. 정보공개의 제한 ······················································································· 13
A. 다른 법령에 의한 비공개대상정보 ································································· 13
B. 중대한 국가의 이익에 관한 정보 ··································································· 13
C. 공공의 안전과 이익에 관한 정보 ··································································· 14
D. 진행중인 형사절차 또는 재판에 관한 정보 ····················································· 14
E. 행정결정과정에 있는 정보 ············································································ 14
F. 개인에 관한 정보 ························································································· 15
G. 영업상 비밀에 관한 정보 ·············································································· 15
H. 특정인에게 이익 또는 불이익을 줄 우려가 있는 정보 ······································ 16

Ⅵ. 정보공개의 권리보호 ················································································ 17
A. 공공기관의 비공개결정에 대한 청구인의 불복절차 ··········································· 17
1. 이의신청 ································································································ 17
2. 행정심판 ································································································ 17
3. 행정소송 ································································································ 17
4. 국가배상 ································································································ 18
B. 공공기관의 정보공개결정에 대한 제3자의 불복절차 ·········································· 19
1. 행정절차상 권리보호 ················································································ 19
2. 행정쟁송상 권리보호 ················································································ 19
3. 국가배상 ································································································ 20
4. 예방적 소송 ···························································································· 20
C. 공무원의 보호 ····························································································· 20

Ⅶ. 결론 ··········································································································· 22


[참고문헌]

본문내용

Ⅱ. 정보공개제도

A. 의의

정보공개제도란 국가기관·지방자치단체 등 공공기관에서 어떤 일을 하고 있고 예산을 어떻게 집행하고 있는지 국민들이 알 수 있도록 공공기관이 보유·관리하는 정보를 국민에게 공개하는 것을 말합니다.
넓은 의미에 있어서는 행정기관이 보유하고 있는 각종 정보를 수요자의 신청에 의하여 요청자에게 열람ㆍ복사하도록 하거나, 행정기관이 자발적 또는 법령 등의 규정에 따라 의무적으로 보유정보를 배포하거나 공포 또는 공고 등의 형태로 제공하는 제도를 말한다. 따라서 정보공개에 관한 두 가지 형태는 정부가 보유하고 있는 정보를 국민에게 공개한다는 점에서는 같다고 할 수 있으나, 전자는 필요한 정보를 국민이 보유기관에 요청하여 입수하는 것이고 후자는 정부의 의사ㆍ판단 또는 법률규정 등에 의하여 정부 측에서 제공한 정보를 국민이 받아들인다는 점에서, 양자는 그 법적성격과 내용에서 차이가 있다. 즉, 전자는 알권리라는 국민의 기본권에 대하여 정보공개요청권의 적극적 보장이라는 성격을 띠고 있는 반면에 후자는 정보수령권이라는 소극적인 권리를 보장하는 기능을 말한다.

참고 자료

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