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FOIA in KOREA

How we used FOIA to Expose the Public Prosecutors’

Secretive Budget Spending

KCIJ-Newstapa/ Myungju Lee

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How FOIA Works in Korea

OFFICIAL INFORMATION DISCLOSURE ACT

Made into law in 1996, implemented in 1998(1st in Asia)
Applies to: all public institutions

Presidential Office and affiliated institutions, Government ministries, etc.
Parliament, Courts, Constitutional Court, National Election Commission
Provincial and municipal government and legislatures
Education institutions: Kindergarten, All levels of Schools, Colleges and Universities
State-run corporations
Local government-run corporations
Social welfare corporations and social welfare non-profits that receive government subsidies

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Who can file a FOIA request

All Korean citizens, corporations and organizations
Foreigners:

only when they have a registered address inside Korea
or who are staying in Korea temporarily for academic and researching purposes
Foreign corporations and organizations that has an office in Korea

—> KCIJ’s Global Team will be there for you.

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How to file a FOIA request (1)

The most convenient way to file a FOIA request is via the Information Disclosure Site: www.open.go.kr

Log in with ID
File a FOIA Request by filling in:

concise subject
choose a relevant institution
briefly write the specific information

no need to explain why you request the information
10 business days to process and notify their decision
Result: Full release, Partial release, No release, Not-existing

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How to file a FOIA request (2)

For partial release and no release cases:

Raise objections

and/ or

Administrative Appeal

and/ or

Administrative Litigation (filing motion) to release the information

→ How KCIJ obtained the information on the Public Prosecution budget spending

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In October 2019, FOIA was filed to the Supreme Prosecutors’ Office and the Seoul Central District Prosecutors’ Office:

3 types of prosecution budgets that prosecutors use in the most obscure way

Special activity expenses (allocated to be used for investigation and intelligence activities that require secrecy → hidden in the shadow)
Specific activity expenses
Operational expenses

Decision: No disclosure(“such information does not exist”) → Beginning of our new journey

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Lesson #1

Even if your FOIA request is denied, do not give up; pursue it even if it means taking it to COURT.

November 2019, KCIJ filed a motion against the Prosecution’s decision not to release the information

January 2022, the Prosecution’s claim of ‘not-existing information’ was not accepted at the Lower Court

-> The Prosecution Service filed for an appeal. This time they acknowledge the existence of the requested information but argued they will not release it because it’s their investigation secret.

December 2022, Appeals Court ordered the Prosecution to release most of the information

-> The Prosecution took it to the Supreme Court

April 2023, the Supreme Court upheld the appeals court decision

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Finally, after 3 years and 7 months… A milestone moment

On June 23, 2023

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Lesson #2

You may receive heavily redacted documents, but don't be discouraged. Strive to find even the smallest clue within them and continue your investigative efforts.

-16,735 pages of photocopied receipts and payment details�-A lot of the information has been deleted or scratched off → Work to put the puzzle pieces

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Pieces in the puzzle:

-Prosecutor General’s daily schedule on the Prosecution website

-Investigation list and information from their annual report

-Information such as their luncheon and dinner meetings shown on the spending details

-Civic watchdog groups report on the Prosecution Service

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Mapping 48 restaurants that Yoon frequented

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Interactive Page [Opening the Safe of the Prosecution Service]

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Lesson #3

Actively collaborate with experts and specialized civic groups

In our case, we collaborated with three civic organizations for this project.

Lesson #4

Partner with local non-profit independent newsrooms to expand the scope of your investigation nationwide.

We obtained additional materials from 65 regional prosecutors' offices. We have formed a joint investigative team with seven independent local news outlets in July 2023.