Revision passed to limit access to presidential records

The revision to the Presidential Records Management Act, which limits the number of representatives allowed to access presidential records to one and prohibits access to classified records, was approved during a cabinet meeting on Tuesday. The government prepared the authority and restrictions for accessing records in response to a request from the Roh Moo-hyun Foundation to designate representatives for accessing the records of former President Noh Moo-hyun.

According to the Presidential Office, during the cabinet meeting presided over by President Yoon Suk Yeol, the revised Presidential Records Management Act was passed, which states that even if a representative is designated through a family agreement, in the event of a former president's death or unconsciousness, access to classified records is not allowed. The revised act also allows for only one representative to be recommended through family agreement, and in the absence of an agreement, the spouse is considered as a priority for recommendation, followed by direct family members.

The scope of records accessible to representatives includes three categories: personal information related to the former president and their family, information related to the redress of rights for the former president and their family, and information intended for the publication of the former president's autobiography.

The reason the government pursued this revision is due to the expiration of the 15-year protection period for the designated presidential records of former President Roh Moo-hyun in March, which amount to around 84,000 documents stored in the presidential records center. Following this expiration, the Roh Moo-hyun Foundation requested access through representatives. However, the government raised concerns and proceeded with the revision, as a) the existing executive order did not limit the number of representatives who could access presidential records in the event of a former president's death, and b) the representative's access rights might be interpreted as equal to those of the former president.

In response to the revision, the Roh Moo-hyun Foundation submitted a counter-opinion to the Ministry of Public Administration and Security in April, arguing that it amounts to “a self-executing legislation” targeting specific individuals, as the limitation on access rights only apply to former President Roh Moo-hyun.


Joo-Young Jeon aimhigh@donga.com