Response Timeline
10 calendar days from the date the request is received (Article 11). Extendable by up to 10 additional days when there is an "unavoidable reason" -- the agency must notify the requester of the reasons for the delay. If no decision is communicated within 20 days (10 + 10 extension), the request is deemed refused and the applicant may proceed to appeal. For exceptionally voluminous requests, disclosure may be delayed for up to 2 months with staged release of portions.
Article 5 grants the right to request disclosure to "every citizen" (국민). Foreigners may request under the Enforcement Decree if they: (1) have permanent residence or a fixed address in Korea, (2) are temporarily residing in Korea for academic/research purposes, or (3) are a foreign corporation/organization with an office in Korea. Non-resident foreigners without Korean ties are not eligible. No requirement to state the purpose of the request (removed in 2004 amendment).
How to Submit a Request
Accepted Methods
Requests can be submitted via the central Information Disclosure Portal (정보공개포털) at https://www.open.go.kr, in writing on a prescribed form, orally in person, or by mail. The open.go.kr portal is a central government platform that allows filing requests to any covered public institution, tracking request status, and accessing proactively disclosed documents. Oral requests are also accepted.
Required Elements
- {'note': 'Name of the requester (Article 10)', 'field': 'name'}
- {'note': 'Resident registration number or equivalent identification for foreigners (Article 10)', 'field': 'identification'}
- {'note': 'Address and contact details including telephone number (Article 10)', 'field': 'address_contact'}
- {'note': 'Description of the information whose disclosure is requested, sufficiently detailed to identify the specific information (Article 10)', 'field': 'description'}
- {'note': 'Preferred method of disclosure: viewing, copies, electronic format, etc. (Article 10)', 'field': 'preferred_method'}
Optional Elements
- {'note': 'Narrow the search to a specific time period', 'field': 'date_range'}
- {'note': 'Identify the specific department or division likely to hold the information', 'field': 'specific_department'}
Fees
Fees are limited to actual reproduction and delivery costs under Article 17. There is no application fee and no charge for staff search time or decision-making. Specific fee schedules are set by each institution under the Enforcement Decree. Requests for electronic format disclosure must be complied with unless it would be "remarkably difficult" to do so.
Fee Waivers
- {'name': 'Public Welfare', 'waives': ['reproduction_fees', 'delivery_fees'], 'category': 'discretionary', 'criteria': ['Information is requested for public welfare purposes (공익)'], 'how_to_apply': 'State the public welfare purpose in the request'}
- {'name': 'Nonprofit Organizations', 'waives': ['reproduction_fees', 'delivery_fees'], 'category': 'discretionary', 'criteria': ['Request made by a nonprofit organization for public interest purposes'], 'how_to_apply': 'Identify organization status in the request'}
- {'name': 'Academic/Educational Use', 'waives': ['reproduction_fees', 'delivery_fees'], 'category': 'discretionary', 'criteria': ['Request made by educational or academic institutions'], 'how_to_apply': 'State educational or research purpose'}
- {'name': 'Personal Information', 'waives': ['reproduction_fees'], 'category': 'discretionary', 'criteria': ['Request for information about the requester themselves'], 'how_to_apply': 'Identify that the request is for personal information'}
Article 17(2) provides for fee reduction or waiver when information is requested for "public welfare" purposes. The Enforcement Decree specifies additional grounds including nonprofit organizations, academic institutions, and personal information requests. Exact reduction percentages are set by each institution.
Exemptions
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Confidential Information Under Other LawsInformation classified as confidential or non-public under other Acts or their subordinate statutes, including orders delegating provisions to restrict disclosure.
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National Security, Defense, Unification, DiplomacyInformation pertaining to national security, national defense, unification, or diplomatic relations, which if disclosed is deemed likely to seriously undermine national interests.
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Public Safety / Life and PropertyInformation deemed likely to endanger the life, body, or property of citizens if disclosed.
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Criminal Investigation, Prosecution, LitigationInformation relating to the prevention of crimes, investigation, prosecution, institution and maintenance of public actions, trial, and execution of punishment, which if disclosed is likely to seriously hinder criminal justice proceedings.
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Audits, Inspections, Deliberative ProcessInformation relating to audits, supervision, inspections, tests, regulation, tendering, contract negotiations, technology development, personnel management, and internal deliberative processes, which if disclosed is likely to cause significant disruption to fair performance.
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Personal Information (Privacy)Information containing personal information (names, resident registration numbers, etc.) that if disclosed would constitute a significant infringement of privacy. Public interest override: does not apply when disclosure is necessary to remedy a situation affecting the public interest.
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Business and Trade SecretsInformation pertaining to management and trade secrets of corporations, organizations, or individuals, which if disclosed is likely to seriously undermine legitimate interests. Public interest override: does not apply when disclosure is necessary to protect lives, physical safety, health, or prevent illegal/unjust business operations.
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Real Estate Speculation / Market ManipulationInformation whose disclosure would bring advantages or disadvantages to specific persons due to real estate speculation, cornering of the market, hoarding, or similar activities.
Eight exemption categories are listed in Article 9(1). Most are subject to a harm test requiring demonstration that disclosure would cause actual harm. A public interest override explicitly applies to personal information (subparagraph 6) and trade secrets (subparagraph 7). Article 9(2) contains a "sunshine clause" requiring periodic review of withheld information to determine if grounds for non-disclosure still apply. Article 14 requires partial disclosure when only part of a record is exempt.
Appeal Process
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The appeal system has three tiers: internal objection, administrative appeal (via ACRC), and administrative litigation. The internal objection and administrative appeal are alternative paths -- requesters can skip the objection and go directly to administrative appeal. Administrative litigation is available after the administrative appeal. Courts have in camera review power. The 10-day initial response period and deemed-refusal mechanism ensure requesters can escalate quickly if agencies are unresponsive.
Request Templates
Information Disclosure Portal (정보공개포털)
KLRI English Translation of the Act
Records Retention
Public Records Management Act (공공기록물 관리에 관한 법률), Act No. 8025 of 2006 (as revised)
Originally enacted 1999, substantially revised 2006. The National Archives of Korea develops records management standards for all government agencies. The Act requires authenticity, integrity, reliability, and availability throughout the full record lifecycle.