Court Rules Ministry of Trade Must Disclose List of Experts on National Core Technology Committee
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The Seoul Administrative Court, presided over by Judge Lee Sang-deok of the 14th Administrative Division, ruled partially in favor of the plaintiff on Thursday (July 9) in a lawsuit filed by the civic group Supporters for the Health and Rights of People in the Semiconductor Industry (SHARPS) against the Ministry of Trade, Industry and Energy to cancel the ministry's refusal to disclose information.
SHARPS filed the lawsuit after the ministry denied its request for the names, affiliations, and terms of office of the members of the Industrial Technology Protection Committee, who participated in the process of designating Samsung Electronics' workplace environment measurement reports as national core technology in April 2018.
At the time, the ministry decided to keep the information private, citing concerns that disclosure could hinder the fair performance of official duties and infringe upon personal privacy due to the exposure of personal information.
However, the court ruled partially in favor of the plaintiff, determining that the public interest served by disclosing the names, affiliations, and terms of the committee members outweighs the potential infringement on their privacy.
The court stated, "To enhance the transparency of the results of official duties and clarify accountability, it is appropriate to disclose the names and positions of public officials who performed such duties, unless there are special circumstances."
Regarding the members appointed from the private sector, the court also found that "there is a public interest need for disclosure," noting that since many private members list their participation as professional experience for public relations, the degree of privacy infringement caused by the disclosure would not be significant.
The ministry's argument that disclosure could lead to lobbying or public pressure, thereby hindering fair deliberation by the body responsible for reviewing national core technologies, was also rejected.
The court pointed out, "In principle, public office is performed with one's name and honor at stake, except in special cases where confidentiality is required, such as in intelligence or security matters," adding, "Being prepared not to succumb to ordinary solicitations or pressure is a fundamental attitude that public officials should possess."
The court further stated that if there are concerns about solicitation or pressure, it would be more desirable to appoint appropriate members and devise means to protect them from unfair pressure rather than hiding the identities of private members.
However, the court ruled that information regarding members appointed by the Director of the National Intelligence Service may be withheld for the sake of national security.
(Photo: Yonhap News)
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