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Busan Metropolitan City Ordinance on Information Disclosure

By General Civil Affairs Division Dec 8, 2022 1338  Views
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BUSAN METROPOLITAN CITY ORDINANCE ON INFORMATION DISCLOSURE

Responsible Division: General Civil Affairs Division of the Administrative Management Bureau

Partially Amended by Ordinance No. 6547, Dec. 29, 2021

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to guarantee citizens their rights to know and ensure transparency in the management of Busan Metropolitan City by providing for matters necessary to disclose information of the Metropolitan City pursuant to the Official Information Disclosure Act.
  • Article 2 (Definitions)
  • The terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 5333, Jun. 8, 2016; No. 6547, Dec. 29, 2021>
    • 1. The term "information" means documents, (including electronic documents) and records in all types of media, etc. defined in subparagraph 1 of Article 2 of the Official Information Disclosure Act;
    • 2. The term "disclosing authorities" mean the following authorities: <Amended by Ordinance No. 5333, Jun. 8, 2016>
      • (a) Busan Metropolitan City (hereinafter referred to as the "City") and its affiliated agencies.
      • (b) Public corporations and organizations established pursuant to the Local Public Enterprises Act.
      • (c) Institutions specified in subparagraph 3 of Article 2 of the Enforcement Decree of the Official Information Disclosure Act.
    • 3. The term "petitioner" means an individual, legal entity, or organization that requests a disclosing authority to disclose information.
  • Article 3 (Principle for Disclosure of Information)
  • Information possessed and managed by a disclosing authority shall be disclosed in accordance with the provisions of relevant statutes and regulations and this Ordinance.
  • Article 4 (Prior disclosure of Information)
  • A disclosing authority shall notify the information specified in any subparagraph of Article 7 ① of the Act on the information network in accordance with the specific scope of disclosure, the interval, timing, and method of disclosure, etc. pre-determined by it and shall disclose such information periodically: Provided, that the foregoing shall not apply to information specified as classified by any statute or regulation or any other municipal ordinance.
  • Article 5 (Methods of Disclosure)
    • ① Information shall be disclosed by permitting a person to inspect or view it or by delivering a copy or reproduction to a person at a designated date, time, and place and may be transmitted by mail, facsimile, or electronic communications network at the petitioner's request.
    • ② If the original record of information is likely to be destroyed if information is disclosed by permitting a person to inspect it or if any other appropriate ground is found, such information may be disclosed by delivering a copy thereof.
    • ③ Information requested by multiple petitioners or information to be published by a disclosing authority periodically or occasionally may be disclosed on the City’s official webpage. <Amended by Ordinance No. 5333, Jun. 8, 2016>
    • ④ If the volume of information requested by a petitioner to disclose is likely to impose an excessive workload and severely obstruct normal performance of duties, copies or reproductions of the information requested may be delivered in installments at a specified interval or may be delivered by concurrently permitting the petitioner to inspect such information.
  • Article 6 (Bearing of Expenses)
  • Expenses incurred in disclosing and dispatching information by mail shall be borne by relevant petitioner, and matters necessary for the amount of fees to be borne, the procedure for collection of fees, the rate of full or partial exemption, etc. shall be prescribed by the Busan Metropolitan City Ordinance on Collection of Fees.
  • Article 7 (Establishment and Operation of Information Disclosure Council)
    • ① The Mayor of Busan Metropolitan City shall establish the Information Disclosure Council of Busan Metropolitan City (hereinafter referred to as the "Council") in order to deliberate on the matters specified in Article 11
    • ② of the Enforcement Decree of the Official Information Disclosure Act.
    • ③ The head of a disclosing authority specified in subparagraph 2 (b) or (c) of Article 2 may establish or operate a special information disclosure council separately in order to deliberate on whether to disclose information under his or her control.
  • Article 8 (Formation)
    • ① The Council shall be comprised of five to seven council members, including one chairperson, by considering gender. <Amended on Dec. 29, 2021>
    • ② Council members shall be appointed or commissioned by the Mayor of Busan Metropolitan City pursuant to Article 12 ③ of the Act for the following persons, provided, two-thirds among them shall be outside experts.
      <Newly Inserted by Ordinance No. 6547, Dec. 29, 2021>
      • 1. Grade IV or higher-ranking public official of the City;
      • 2. Outside expert knowledgeable about duties of a disclosing authority or of disclosure of information.
    • ③ The Director General of the Administrative Management Bureau shall serve as the chairperson of the Council, and the vice chairperson shall be elected by and from among council members.
      <Amended by Ordinance No. 4881, Jul. 10, 2013; Ordinance No. 5078, Jan. 1, 2015; Ordinance No. 5703, Aug. 1, 2018; Ordinance No. 5848, Jan. 9, 2019>
  • [Moved from subparagraph 2 by Ordinance No. 6547, Dec. 29, 2021]
  • Article 9 (Meetings)
    • ① The chairperson of the Council shall convene meetings of the Council and shall preside over such meetings.
    • ② If the chairperson is prevented from performing his or her duties, the vice chairperson shall act on behalf of the chairperson.
    • ③ A meeting of the Council shall be convened with the attendance of a majority of incumbent council members, and resolution passed at the meeting shall be adopted by concurring votes of a majority of the council members present at the meeting.
  • Article 10 (Hearing of Opinions)
  • The Council may hear opinions from relevant public officials, petitioners, or other interested parties or may request them to present data, documents, etc..
  • Article 11 (Administrative Secretary)
  • The Council shall have one secretary who shall take charge of executing administrative affairs of the Council, and the Grade V officer in charge of disclosure of information in the general administrative division shall serve as the administrative secretary.
  • Article 12 (Operating Rules)
  • Except as otherwise provided for in this Ordinance, matters necessary for the operation of the Council shall be determined by the chairperson, subject to prior resolution by the Council.
  • Addendum <Dec. 29, 2021>
  • This Ordinance shall enter into force on the date of its promulgation.