情報의 自由와 國家安保에 관한 硏究 ― 國民의 알 權利와 國家機密保護의 衝突을 中心으로 ―

Abstract

The aim of this thesis is to establish possible solutions for the current conflict between the protection of National secrecy and the limitation of people's right to know. (People's right to know is based on the freedom of speech.) In the past, people's right to know was generally considered as the freedom of simple expression between a nation and its press. Nowadays however, as a direct result of high-tech industries throughout the world, something commonly referred to as "the revolution of information and communication", information is not simply confined to the borders of individual countries. Instead, information easily permeates beyond these so-called borders reaching the general masses throughout the world. As a result, for many, this development has provided them with access to information that would have otherwise remained unknown. In addition, as systems of information and communication and become ever more complex so to does the relationship between the people, the government and the press. In the "information society" people are demanding free information from the nations' organizations and public institutions. Furthermore, they are also calling for the right to collect and handle the information sources. However, the people demanding these rights should deviate from the political isolation which is spreading in our society today and they should seek to understand the situation of national administration more precisely. They should also endeavor to overcome the crisis of democratic representation through the creation of correct political ideologies and overcoming the confidentially of the traditional bureaucratic government. In addition, people need to make sure human life, the free revelation of personality and the democratic participation about the national administration. The nation and the press have to comply with people's demands for information collection to guarantee the notion of "the right to know." The government should not insist on the theoretical and analogical right to guarantee the independence of the people's right to know. Furthermore, the government should implement an institutional system which guarantees this actual and concrete right legally. As such, a principle should also be created opening national activities and information related to national organizations to the people. Worth noting however is the fact that even in a democratic society, the "right to know" doesn't simply reflect an absolute freedom as is the case with other basic rights. The reason being, the implications it may have on the coexistent harmony between a nations government and its people. To illustrate, if the press has access to all national secrets and allows such information to become public knowledge, the ramifications could become catastrophic. Yet on the other hand, if a person is to reveal any of a nation's secrets it is considered a crime. Based on this, it would appear logical to assert that people cannot and should not expect the freedom of information in its entirety. It is for this reason that no democratic nation on earth allows all information to be passed freely to its citizens. As such, the government emphasizes the importance and the necessity for national secrecy for the accomplishment of national policy concerning the protection of national confidentiality. However, using democratic rights as it's foundation the press continues to insist on the people's right to know. Yet, there is conflict between the press and the nation because the nation tries to protect national secrets for national interests and the press tries to guarantee the people's right to know. However, it would appear their ultimate purpose is the growth of national development and national interests whether it is the people's right to know (the freedom of information) or the protection of national secrets. Therefore, it would seem safe to assert that the "right to know"issue is becoming increasingly more serious among the people, the nation and the press. To ease this situation, we should endeavor to overcome the strained relations between the people, the nation, and the press. To achieve this, an amicable balance between the people's "right to know" and the divulgence of appropriate levels of information needs to be established. That being said, I have found a way to preserve the national security. To elaborate, in this study I suggested the meaning of the "right to know"which is not written in constitutional law concerning the protection of the national secrets and people's "right to know." As such, I came to this conclusion by showing the way to make the institutional system about the infringement of the right to know which is caused by the overlapping of the law which protects the national secrets.