• Journal of the Korean BIBLIA Society for library and Information Science
• /
• v.32 no.3
• /
• pp.217-246
• /
• 2021

This study aimed to analyze the quality concepts and requirements of digital records as evidence and to find an implication to develop requirements for trusted digital records with securing authoritative qualities. To this end, this study compared requirements of records domain linking records process, records metadata and records systems with judicial domain on digital evidence, and identified the records requirements to secure the legal admissibility linking records and judicial domain. This study analyzed the relationship of quality concepts between digital records and digital evidence, found the legal admissibility is highly related to the reliability, and derived that it needs the measure to secure the reliability at the stage of records creation and capture. To prove authenticity of digital evidence, this study identified importance of records process, records metadata and records system, and proposed the necessity of measurement to secure records' evidence.

• Journal of Korean Society of Archives and Records Management
• /
• v.22 no.1
• /
• pp.219-235
• /
• 2022

This study aims to analyze how the concept of legal evidence has influenced the principles of records management and investigate its meaning and limitations from the perspective of archives. To this end, it outlined how the methodologies of judging the trustworthiness of records as evidence have changed from Roman Law to modern legislation. In addition, the archival meaning of the historical development was analyzed in the following aspects; i) What was the main framework applied to judge the trustworthiness of records? ii) What characteristics did they think records as legal evidence should have? iii) What types of records were the main management targets, and how did they recognize the relationship between records and reality? Based on these analyses, the meaning and limitations of the records management that values legal evidence were presented.

• Journal of the Korean Society for information Management
• /
• v.38 no.2
• /
• pp.201-226
• /
• 2021

Discovery's collection was originally paper documents, but with the advent of the digital age, its collection expanded. Resolving the issue of ESI has now become important in litigation. Therefore, this study analyzes the requirements of each domain for electronic records to be recognized as evidence. It also explained the factors that should be considered in record management. In addition, eDiscovery in the United States was selected as an advanced case to utilize records as evidence. This study investigated the Commentary on Legal Holdings: The Trigger & The Process and analyzed which functions must be considered in order for electronic records to be preserved as evidence. To this end, we analyze the functional requirements of the eDiscovery solution. Through this, necessary functional requirements are derived to help implement the system in preparation for eDiscovery.

• Journal of Korean Society of Archives and Records Management
• /
• v.20 no.2
• /
• pp.41-65
• /
• 2020

Organizations always face the risk of litigation; thus, they should actively prepare for it. In particular, public enterprises must respond to lawsuits carefully to avoid any management risk and possible damage of publicity. Given this, this study aims to identify the relationship between efficient litigation response and record management, determine problems related to record management while utilizing records as evidence, and propose measures to improve record management that uses records as legal evidence. For records to be deemed as legal evidence, RMS is essential to ensure authenticity. Moreover, the ability to secure potential evidence and awareness of the importance of records management needs to be validated. The Commission also stressed the importance of cooperation between archivists and the legal team to efficiently respond to lawsuits.

• Proceedings of the Korea Information Processing Society Conference
• /
• 2012.11a
• /
• pp.1333-1335
• /
• 2012

이 연구에서는 전자기록물의 일반적인 특징과 법적 증거능력에 대해서 조사하고 이를 통해 국가기록원을 비롯한 기록보존소에서 관리하는 전자기록들의 증거능력에 대해 고찰하였다. 또한 디지털 증거를 수집 분석하여 법정에 제출하기 위한 분야인 디지털 포렌식(Digital Forensics)에서의 절차 및 기술을 통해 전자기록관리 프로세스에서 전자기록의 증거능력을 확보하기 위한 기초적인 방안을 제시한다.

• The Korean Journal of Archival Studies
• /
• no.60
• /
• pp.89-121
• /
• 2019

According to ISO 15489, records are "information" (ISO 15489-1: 2001, 3.15) that "an organization or individual produces, receives or maintains as evidence or information in the course of carrying out its legal obligations or in the conduct of its business". Records in KS ISO 15489 are also referred to as "information that is produced, received and maintained as evidence and information presented by the organization or individual in the course of performing legal obligations or in the course of business" (Korean Industrial Standards KS X ISO 15489). Based on the definitions, the nature of the legal traits of record is examined, focusing on the evidential elements of the record.

• The Korean Journal of Archival Studies
• /
• no.48
• /
• pp.45-92
• /
• 2016

Corporations report their economical, environmental, social influences and achievements through sustainability reports. Apart from the financial reports, which are subject to legal restrictions, sustainability reports inform non financial achievements of a corporation, thus the reliability of the information is solely dependent on the corporation itself. The current sustainability reports are of types that cannot include proof or source of the index data, thus they are tended to be regarded as means of publicity. The reliability of the reports is often questioned. This research applied the concept of Evidence-Based Accountability, which will allow the confirmation of accountability through records including contents and context of the tasks. Evidence-Based Accountability means producing and accumulating witness records of actions, then managing the records as usable information and use them as accountability information. Index data from sustainability reports of domestic corporations and web based reports of Vodafone was reviewed. Measures to link task records as proof of index data was studied. To make this possible, record production and acquisition system was redesigned in order to secure required records as evidence. Linked build-up of SR system and RMS was proposed. The proposed system will allow collection and management of records as SR accountability information, and provide the data when necessary. Also, corporate infrastructure was proposed. This infrastructure will build a professional records management system in stages, through organizational system and regulations. Cooperation of staff in this infrastructure will support reliable corporate accountability.

• Journal of Korean Society of Archives and Records Management
• /
• v.16 no.4
• /
• pp.7-30
• /
• 2016

The purpose of this study is to suggest the directions for record and information management (RIM) strategies for Korean companies as preparation for e-Discovery risks. It begins with the articulation key concepts and some RIM issues of e-Discovery, which is governed by the U.S. Federal Rules of Civil Procedures. It analyzes three lawsuit cases for which Korean companies were sued by North American companies in order to determine the main reasons behind the defensible disposition failures. Based on the analyses, it suggests the RIM strategic policies for preparing the e-Discovery, including the development of inventories for documents and ESI in their possession, custody, or control; ensuring legal hold programs in good faith; and making defensible retention policies.

• The Korean Journal of Archival Studies
• /
• no.77
• /
• pp.109-150
• /
• 2023

Prior researchers interpreted the records of criminal cases involving the Progressive Party from a historical perspective. In marked contrast to existing trends, this study examines the Progressive Party case records through the lens of archival science. This study dissects the Progressive Party case records as a single and complete record group and at each stage of their life cycle from police investigation through criminal prosecution to trial. This approach enables a holistic analysis of archival characteristics of the records. This study begins with an appraisal of the nature and types of case records generated and maintained by the various agencies in light of the investigatory authorities delegated to each institution. This study then dissects the police, prosecution, and Counter Intelligence Corps records leading up to the indictment of Progressive Party members as well as the court records of the trial that followed. In particular, this study reveals the insufficiency and illegality of the evidence against the defendants in the Progressive Party case from an archival standpoint. Setting aside the admissibility or strength of the evidence under criminal law, the present study demonstrates that the records lack reliability, authenticity, and integrity-the fundamental attributes required for evidentiary efficacy of records from an archival standpoint.

• The Korean Journal of Archival Studies
• /
• no.19
• /
• pp.293-301
• /
• 2009