"Right to Know the Basis of Personnel Actions"
A court ruling has determined that the results of personnel verification committee investigations conducted during service as an army officer must be disclosed upon request for information disclosure.
According to the legal community on the 22nd, the Seoul Administrative Court Administrative Division 2 (Presiding Judge Ko Eun-seol) partially ruled in favor of former Captain A in a lawsuit seeking cancellation of an information disclosure decision against the Army Chief of Staff.
A was commissioned as an army officer in 2007 and served until retiring in 2020. In 2018, while still in service, A requested the Army Chief of Staff last year to disclose the results of the personnel verification committee’s investigation conducted on him.
The Army refused disclosure, stating that the results of the military service performance evaluation regulations are not disclosed except when necessary for personnel management and policy purposes, leading A to file an administrative lawsuit.
The court ruled in favor of A, stating that except for the personal information of personnel verification committee members, evaluators, and investigators, the remaining information must be disclosed.
The court stated, “Since the personnel action in this case has ended and A has retired, it does not appear that disclosing the requested information would cause significant disruption to the military authorities’ personnel management duties,” and “on the other hand, A has a substantial interest in knowing the basis for the personnel action against him, which is protected by disclosure of the information.”
Furthermore, the court noted, “It is expected that statements and opinions of personnel verification committee members, evaluators, and investigators regarding A’s work attitude and suitability for active duty are recorded, but even if such content is disclosed, it is unlikely to pose a risk of invasion of privacy.”
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