An attempt to disclose protocol expenses, including the cost of outfits worn during the term by Kim Jung-sook, wife of former President Moon Jae-in, has failed. Related information is designated as presidential records and kept confidential for up to 30 years, and the Constitutional Court did not accept the claim that it should be disclosed.
That afternoon, the court unanimously dismissed a constitutional complaint filed by Kim Sun-taek, head of the taxpayer advocacy group Korea Taxpayers Association, who claimed Article 11(1) and Article 17(1) of the Act on the Management of Presidential Archives were unconstitutional. Once designated as presidential records, they are kept confidential for up to 15 years, and records related to privacy for up to 30 years. The court decided these provisions do not violate the Constitution.
Earlier, in June 2018, after Moon Jae-in took office as president, Kim requested disclosure of information on special activity expenditure details; protocol expense details for Kim Jung-sook (purchase records for clothing and accessories); and the price of boxed meals provided at a Jan. 30, 2018 gathering at the Blue House of all ministers and Vice Ministers. At the time, the presidential chief of staff withheld disclosure, saying there were concerns that "it would significantly harm the national interest for reasons such as national security."
Kim then filed a lawsuit with the court to revoke the presidential chief of staff's refusal to disclose the information. In Feb. 2022, the Seoul Administrative Court ruled in partial favor of the plaintiff, saying, "The presidential office must disclose all related information except for personal information." The panel explained its reasoning by saying, "It does not appear that (disclosure of the related information) would harm the national interest."
The Blue House appealed, and when Moon's term ended on May 9, 2022, the related information was designated as presidential records. Kim took the case to the Constitutional Court, saying, "Even if I file an information disclosure request with the director of the Presidential Archives, it will be refused on the grounds that it has been classified as nonpublic or assigned a protection period, thereby infringing the right to know."
In response, the Constitutional Court said that even if an information disclosure lawsuit is dismissed, it is based on the court's judgment under the Administrative Litigation Act, and therefore it cannot be seen as an issue of restricting fundamental rights.
Lee Rae-jin, the older brother of the late Lee Dae-jun, a civil servant killed in the "West Sea public official killing case," also filed a constitutional complaint arguing that the same provisions of the Presidential Records Act were unconstitutional, and the Constitutional Court dismissed it along with the taxpayer group's case.
When the Korea Coast Guard announced investigation results to the effect that "the deceased is believed to have defected to the North," Lee objected and demanded that the Office of National Security, the Korea Coast Guard, and the Ministry of National Defense disclose documents related to reporting at the time of death.
The court ordered the Office of National Security to disclose, for on-site inspection, documents related to reports it received from 6:36 p.m. to 10:11 p.m. on Sept. 22, 2020, from the Ministry of National Defense (including affiliated agencies), the Korea Coast Guard, and the Ministry of Oceans and Fisheries (MOF). However, inspection did not take place because some information was designated as presidential records.
Lee's side argued that the right to know was infringed because there is no provision allowing information won in an information disclosure lawsuit before the end of a president's term to be disclosed without being transferred to the Presidential Archives.
However, the Constitutional Court held that it can only be recognized as a restriction on the public's right to know if a specific presidential record exists that one wishes to inspect and a disclosure request to the Presidential Archives has been denied. It concluded that the Presidential Records Act did not restrict Lee's fundamental rights.
Lee said, "It is distressing as a bereaved family member that the highest institution, the presidency, did not protect the lives and safety of the people and concealed criminal conduct, and that we came all the way to the Constitutional Court and received such a ruling." Lee's attorney, Kim Ki-yun, said, "They say the Presidential Records Act, which limits information the judiciary told the government to show the people, is constitutional," adding, "The law needs to be amended."