Background
How much had the Seoul Metropolitan Government paid its honorary ambassadors in activity allowances and advertising appearance fees? The City refused to disclose this record of taxpayer money on the ground that it constituted "personal information and trade secrets." Changchun considered the refusal improper and brought suit against the Mayor of Seoul seeking revocation of the disposition refusing disclosure.
What Was at Stake
The City countered that "disclosing the amounts would invade the ambassadors' privacy and threaten the commercial position of their agencies." The Information Disclosure Act permits non-disclosure of personal information and of a corporation's management or trade secrets, so on its face the City's refusal appeared to have a basis. The case set transparency in public spending squarely against the protection of individual and corporate confidentiality.
How Changchun Helped
Changchun set out, point by point, why these amounts had to be disclosed. ▲ Ambassador activities serve the public purpose of promoting Seoul and are paid for out of citizens' taxes, so the consideration cannot be equated with payment for ordinary commercial activity. ▲ Local governments are under a duty to disclose relevant information to residents in the interest of transparent fiscal administration. ▲ Where no mechanism ensuring fairness in the selection and disbursement process has been shown, withholding the amounts as well would leave citizens with no way to verify whether large sums were paid on the basis of personal connections.
The court accepted Changchun's arguments and revoked the Seoul Metropolitan Government's refusal to disclose (with costs borne by the City). The judgment makes clear that how public funds are spent cannot be screened from view under the label of "personal information and trade secrets," and that the public's right to know and administrative transparency take precedence. Changchun will continue to devote itself to protecting the public's right to know and the transparency of government. Outcomes depend on the facts of each case and may differ.