a) When payment with cash is available; and,
b) When there can be a consequential influence on the purpose of the expenditure on its disclosure, for example, the budget used for investigation or data collection activities
In the case which meets both conditions, the date, amount, purpose, and recipient of the expenditure may be omitted from the submission/report.
The vulnerability in the exception is often exploited by the government authorities who spend budgets with cash, submit to the auditory board without the receipts of expenditure, and label the information as confidential. In fact, the Auditory board checks the misuse of ‘government budget without receipts’ as a mere formality within the guideline made with the referent government body which spends the budget; but cannot scrutinize it in practice as it is not underpinned by the system being restricted by the guideline.
* The previous Park administration used the budget as incentives for secretaries (4074 USDper month) and lower rank officers (407 USD per month)
There have been multiple cases reported by media that this budget is used by higher officials for their living expenses and family members (e.g., study abroad).
TThe Act was introduced in 1988 in South Korea and consists of 15 pages providing abstract and vague clauses.
For example, the reasons for confidentialityare specified as national security and internal review, but without specific definitions and explanations regarding such as ethics, storage, and clearance. This implies that the Act allows the exploitations of the legal framework by interpreting it arbitrarily ? the Act gives considerable discretion for public officials and authorities in labeling information and activities as ‘confidential’. This Act can be rather seen as the Act for the ‘pretext and excuse’.
KTA insists the abolishment of this budget in order for freedom of information and transparent use of taxes. KTA is currently in the process of litigation against the Blue House.
On the 28th of June 2018, KTA requested the release of information regarding the following three:
11 July 2018: the Blue House rejected the request from KTA.
25 March 2019: KTA filed an administrative ligation.
10 February 2022: the Court ruled in favor of KTA and ordered all three of the above to be disclosed, citing that “if the loss of the right to know and the violation of transparent government operation due to nondisclosure is greater than the benefit of nondisclosure, it does not fall under the reason for nondisclosure.”.
2 March 2022: the Blue House appealed.
4 April 2022: KTA filed constitutional complaint that the Presidential Records Act is unconstitutional, and application for injunction to suspend the transfer of documents of information that has been decided to disclose information
* Article 1 of the Presidential Records Archives Act
The purpose of this Act is to enhance transparency and accountability in the management of state affairs by prescribing matters necessary for the efficient management of presidential records, such as protection, preservation, and utilization of presidential records, and the establishment and operation of the Presidential Archives.
During the first trial, KTA sent a letter asking if there is a related budget system designed for the Prime Minister('s Office) of seven countries, including the United States, United Kingdom, Germany, France, Canada, Sweden, and Norway. Of the seven countries, Norway, Canada, and France responded.
c) France: the secret budget for the presidential office was abolished in 2002. Seven ministries related to national security have confidential budgets. This confidential budget is audited by a special committee of Parliament.
The campaign was publicized and highlighted by key media in the country and thus considered to have a crucial impact on public opinion regarding the presidential election last month. The elected resulted in a regime shift from the progressive party to the conservative party. The news articles and reports are still published and aired on ‘the budget’ as the main topic up to this date. One of the articles can be found in the following link: