10 Practical Questions About Challenging a Non-Disclosure Decision
Hello, this is Jean, a licensed administrative agent.
Many people think information disclosure requests are mainly used by journalists or civic organizations.
But that is no longer the case.
In 2023, the number of information disclosure requests in Korea reached 1.84 million per year, a 70-fold increase since the system was introduced 25 years ago. According to the Ministry of the Interior and Safety, much of this recent growth has been driven by individuals using the system to solve everyday problems, such as insurance claims or preparation for litigation.
(2024 Information Disclosure Annual Report)
The Ministry has even begun classifying these requests separately as information directly related to people’s livelihood.
For example:
- A foreign national whose visa was denied wants to see the review opinion explaining why.
- A business owner whose restaurant permit was rejected wants to check what was insufficient.
- A property owner whose building permit was returned wants to confirm the grounds for rejection.
- A student who failed an exam wants to review the grading criteria.
People file information disclosure requests because they want to understand why something was denied.
But many receive the same answer:
Non-disclosure
In fact, an analysis of information disclosure processing by central government agencies from 2019 to 2023 shows that the tendency toward non-disclosure has become stronger.
(Open Net Korea Information Disclosure Center, 2024.09.05., “The Trap Behind the 94.5% Disclosure Rate: Central Agencies With Rising Non-Disclosure Rates”)
After receiving a non-disclosure decision, many questions come up at once.
How much does an administrative appeal cost?
What happens if it is dismissed?
Can a foreign national file one?
What should be written in the petition?
Search results often do not give clear answers.
You may find provisions of the Information Disclosure Act, but it is harder to find a practical answer to the question:
“So what should I do in my situation?”
This article answers 10 of the most common practical questions in non-disclosure challenges, based on statutes, court precedents, and issues that often arise in practice.
Q1. Do I Have to File an Objection Before Filing an Administrative Appeal?
This is the most common question, and also one of the most common misunderstandings.
No. You can file an administrative appeal directly without first filing an objection.
Article 19, Paragraph 1 of the Official Information Disclosure Act provides:
If a requester is dissatisfied with a public institution’s decision regarding information disclosure, or if no decision on disclosure has been made within 20 days after the information disclosure request, the requester may file an administrative appeal under the Administrative Appeals Act.
The Official Information Disclosure Act does not require an objection before administrative appeal.
In other words, objection and administrative appeal are not sequential steps.
They are options.
Once you receive a non-disclosure decision, you may choose either an objection or an administrative appeal.
It is also possible to proceed with both, but in practice, one route is usually selected.
Q2. If I File an Objection First, Does the Administrative Appeal Deadline Become Shorter?
The concern behind this question is:
If I file an objection and it is rejected, will the 90-day deadline pass while I am waiting?
No. The deadline is not shortened. In fact, it is protected.
The Supreme Court has held that when an information disclosure requester files an objection after receiving a non-disclosure decision, the running of the filing period is naturally suspended until the requester receives the decision on the objection, and the period resumes from the date that decision is received.
(Supreme Court Decision 2022Du52980, Jul. 27, 2023, Cancellation of Refusal to Disclose Information)
In other words, if you file an objection and later receive a dismissal or rejection, the 90-day period for filing an administrative appeal begins again from that date.
An objection can protect the deadline.
For this reason, when time is tight, filing an objection first may be used as a practical strategy to secure time.
However, there is one important caution.
If you do not file either an objection or an administrative appeal and simply let time pass, the original 90-day period from the non-disclosure decision continues to run.
The deadline is protected only when an objection is actually filed.
Doing nothing does not protect it.
Q3. How Much Does an Administrative Appeal Cost?
The term “administrative appeal” may sound expensive or burdensome, but there is no filing stamp fee for an administrative appeal.
In other words, filing the appeal itself does not cost money.
Administrative litigation requires payment of court filing fees.
Administrative appeal is different.
It can be filed online through the relevant public petition or administrative appeal system, and there is no fee for the filing itself.
You also do not need to go to court.
There is no requirement to be represented by an attorney.
You may prepare and submit the petition yourself.
However, “no cost” refers only to the filing itself.
If you retain an administrative agent or attorney to prepare documents or represent you, separate professional fees will apply.
And as discussed above, how the reasons for appeal are structured can affect the outcome.
It is a procedure that can be handled alone, but issue framing may make a meaningful difference.
Q4. If the Administrative Appeal Is Dismissed, Does My Situation Get Worse?
Many people worry about this.
Will the agency view me negatively if I challenge the decision?
If the appeal is dismissed, will I lose the right to file a lawsuit?
No. A dismissed administrative appeal does not make your situation worse.
If the appeal is dismissed, the original non-disclosure decision simply remains in place.
There is no additional disadvantage.
Administrative appeal is a legally guaranteed procedure for challenging administrative decisions.
It is not legally permissible for a requester to suffer disadvantage merely for using this procedure.
Also, you may still file administrative litigation after dismissal of the administrative appeal.
The filing period for administrative litigation is 90 days from the date you receive the written decision of the administrative appeal.
(Administrative Litigation Act, Article 20, Paragraph 1 proviso)
Dismissal of the administrative appeal is not the end.
There remains another route to challenge the decision.
Because administrative litigation is decided by a court, it may reach a different conclusion from the administrative appeals commission.
If you do nothing because you are afraid of dismissal, the 90-day period may pass and you may lose the opportunity to file the administrative appeal itself.
Doing nothing can be worse than dismissal.
Q5. What If 20 Days Pass and the Agency Still Does Not Respond?
Sometimes an agency does not respond after an information disclosure request.
You file the request, but 10 days pass, then 20 days pass, and there is still no notice.
In that case, a non-disclosure decision may be deemed to exist.
Under Article 11 of the Official Information Disclosure Act, the agency must decide whether to disclose the information within 10 days from receiving the request.
If unavoidable circumstances exist, the agency may extend the decision period by up to 10 additional days.
In that case, it must notify the requester of the extension and the reason.
Therefore, the basic 10-day period plus a possible 10-day extension means that a decision must generally be made within a maximum of 20 days.
Article 18, Paragraph 1 of the Official Information Disclosure Act also states:
If a requester is dissatisfied with a public institution’s non-disclosure decision or partial disclosure decision, or if no decision on disclosure has been made within 20 days after the information disclosure request, the requester may file a written objection with the public institution within 30 days from the date the requester received the decision notice or from the date 20 days passed after the information disclosure request.
There are two things to check.
First, Check Whether You Received an Extension Notice
If the public institution sent an extension notice within 10 days, the decision period may extend to 20 days.
If 10 days passed without an extension notice, there may already be a deadline issue.
If 20 days pass, you may consider challenging the matter on the premise that a non-disclosure decision is deemed to exist.
Second, Partial Disclosure Is Also Subject to Challenge
If the agency discloses only part of the information and withholds the rest, you may file an objection or administrative appeal regarding the withheld portion.
It is not enough to say, “At least some information was disclosed.”
Whether the non-disclosed portion satisfies the duty of partial disclosure under Article 14 is a separate issue.
If the agency gives no response for 20 days, you may consider filing an administrative appeal on the basis that a non-disclosure decision is deemed to exist.
The agency’s silence itself can become a ground for challenge.
Q6. Can Foreign Nationals File Information Disclosure Requests?
Yes.
However, certain requirements must be met.
Under Article 5, Paragraph 2 of the Official Information Disclosure Act and Article 3 of its Enforcement Decree, the following foreign nationals may file information disclosure requests:
- a person who has a certain address in Korea and resides in Korea,
- a person who is temporarily staying in Korea for academic or research purposes,
- a corporation or organization that has an office in Korea.
For example, a foreign national who has established a company in Korea under a D-8 investment visa and resides in Korea may satisfy both the first and third requirements.
Foreign nationals staying under E-7, D-2, and other visa statuses may also file requests if they meet the relevant requirements.
A foreign national whose visa was denied or whose change of status was refused has a legally protected right to request information in order to understand why the decision was made.
If an agency says, “You cannot request disclosure because you are a foreigner,” that may itself be a refusal without legal basis and may be subject to challenge.
However, it is advisable to state in the request which requirement you satisfy.
For example:
I reside in Korea and attach a Certificate of Alien Registration.
Q7. Can I Request the Same Information Again?
Suppose you received a non-disclosure decision regarding a technology patent matter, and the administrative appeal deadline has already passed.
But six months later, the situation changed.
The review process may have ended, or the technology may no longer be confidential.
In principle, you may request the same information again.
The Official Information Disclosure Act does not prohibit repeated requests for the same information.
This is especially important when the information was withheld under Subparagraph 5, meaning that it was part of an ongoing decision-making or internal review process.
According to a Ministry of Government Legislation interpretation, a notice that the process has ended can be understood as a kind of notice that the requester may file another request.
(Ministry of Government Legislation Interpretation, Dec. 24, 2025, No. 25-0970)
Therefore, if information was withheld because it was part of a decision-making process, and that decision-making or re-review process later ends, you may file another request on the basis that the Subparagraph 5 ground no longer applies.
However, even if you request the same information again, the agency may still refuse disclosure under another ground, such as Subparagraph 6 concerning personal information.
In that case, you may argue for partial disclosure or argue that the need for non-disclosure no longer exists.
So missing the 90-day deadline does not always mean everything is over.
If circumstances change, you may request the information again.
If it is denied again, you may challenge the new denial.
The questions above relate mainly to procedure.
The next questions concern practical issues in challenging non-disclosure.
It is more helpful to read the following with your notice in front of you.
Once the 90-day deadline passes, it is difficult to recover.
Q8. Is It Unlawful If the Notice Only Says “This Falls Under a Non-Disclosure Ground”?
Suppose the notice only says “non-disclosure under Subparagraph 5” and does not explain why.
Is that automatically unlawful?
It is difficult to say automatically, but it may fall short of the Supreme Court’s standard.
The Supreme Court has held that a public institution must specifically examine and review the content of the information, and must assert and prove which part conflicts with which protected legal interest and falls under which subparagraph.
The Court also held that refusing disclosure based only on general reasons is not permitted.
(Supreme Court Decision 2001Du8827, Dec. 11, 2003, Cancellation of Refusal to Disclose Information)
A notice that only lists the subparagraph number without explaining why it applies may fall under the type of general reason rejected by this precedent.
However, the final assessment depends on the full content of the notice, the nature of the requested information, and the specific facts of the case.
There may be additional explanation on the back of the notice or in an attachment.
The agency may also supplement its reasons during the administrative appeal.
Look at your notice again.
After the phrase “falls under Subparagraph ○,” is there a specific explanation?
If not, that may become the first issue in an administrative appeal.
Q9. What If the Agency Adds a New Non-Disclosure Ground During the Administrative Appeal?
When you file an administrative appeal, the agency submits a written response.
In that response, the agency may introduce a non-disclosure ground that was not included in the original notice.
The key is to distinguish two situations.
Situation A — The Agency Changes Grounds Because Its Original Ground Is Weak
The Supreme Court has held that if a non-disclosure decision did not state the reason at the time of the decision, raising a new reason only during litigation may be impermissible if it does not share the same basic factual relationship.
(Supreme Court Decision 2014Du5477, Apr. 12, 2018)
For example, Subparagraph 5 and Subparagraph 7 protect different legal interests.
Subparagraph 5 protects the fair performance of administrative duties.
Subparagraph 7 protects corporate trade secrets.
Therefore, adding such a ground afterward may not be accepted.
However, in 2024, the Supreme Court stated that adding a ground may be allowed if the other party to the disposition expressly consents.
(Supreme Court Decision 2023Du61349, Nov. 28, 2024)
In other words, if the requester does not consent, the existing rule limiting post-hoc addition of grounds remains important.
Situation B — The Information Actually Falls Under Another Ground
If the information actually contains personal information, that portion may fall under Subparagraph 6 even if the agency did not mention it at first.
This is not merely a change of grounds.
It concerns the substantive nature of the information.
In that case, the key issue becomes partial disclosure under Article 14 of the Official Information Disclosure Act.
The argument is that only the personal information should be redacted and the remaining information should be disclosed.
However, if the remaining information becomes meaningless after separation, partial disclosure may have little practical value.
When you receive the agency’s written response, first ask whether this is a change-of-grounds issue or a genuine issue about the nature of the information.
That will help determine the response strategy.
Q10. What Should Be Written in an Administrative Appeal Petition?
This question comes last for a reason.
The whole article has been leading to this answer.
There are four legal items that should be included in an administrative appeal petition.
1. Content of the Disposition
For example:
The non-disclosure decision made by ○○ agency on ○○ date.
2. Date You Became Aware of the Disposition
This is usually the date you received the notice, or the date you received the rejection of your objection.
3. Claim
State the result you want.
For example:
Cancel the above non-disclosure decision.
4. Reasons
Explain why the non-disclosure decision is unlawful or improper.
The reasons are the most important part.
The arguments discussed above may be used here, such as:
- refusal based only on general reasons is not permitted,
- failure to provide the expected completion date under the proviso to Subparagraph 5 violates the law,
- “available through another channel” is not a valid non-disclosure ground,
- the agency failed to prove a high probability of harm,
- the agency failed to comply with the duty of partial disclosure.
Which argument should be raised first, how precedents should be cited, and how to respond to the agency’s written response all depend on the specific case.
This is where professional assistance may make a difference.
Returning to Alex’s Case
Alex had KRW 100 million tied up and still did not know why his application was denied.
The notice contained only one line:
Non-disclosure under Subparagraph 5.
When he called the immigration office, the only answer was:
We cannot disclose it.
Because he did not know the reason, he could not supplement the application.
Because he could not supplement it, any reapplication would be based on guesswork.
If the reapplication were denied again, his period of stay would become shorter and the KRW 100 million would remain tied up.
That one-line notice may fall under a general reason and may be subject to challenge.
What Alex needed was not something complicated.
He needed someone who could read the notice and build the legal logic.
If you are in a similar situation, a photo of the notice may be enough to begin.
I can help identify which route may be more favorable, what logic can be used to challenge the non-disclosure decision, and what should be done first within the deadline.
Closing
We have reviewed 10 practical questions that often arise when challenging a non-disclosure decision in an information disclosure case.
You may file an administrative appeal directly without first filing an objection.
If you filed an objection, the filing-period issue should be reviewed separately.
There is no filing stamp fee for an administrative appeal, and foreign nationals may file information disclosure requests if they meet certain requirements.
If an agency makes no decision for 20 days, challenge procedures may still be considered.
If circumstances change, the same information may be requested again.
If the non-disclosure notice lacks specific reasons, if full non-disclosure was issued despite the possibility of partial disclosure, or if the agency adds new grounds during the administrative appeal, each issue should be reviewed carefully.
Above all, the most important things are the deadline and the original notice.
Even under the same Subparagraph 5, the result may differ depending on the nature of the information and the status of the decision-making process.
Which argument should be raised first also differs from case to case.
If you received a non-disclosure decision, first preserve the notice and check the decision date and the date you received it.