• The Korean Journal of Archival Studies
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• no.23
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• pp.257-297
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• 2010

The U. S. government has a long history to classify and manage governmental records which are created, collected, and preserved for itself. During the colonial period before the independence, the U. S. mostly practiced the maintenances of secret records and restrictions of access to the records following a long convention without any specific legal authority. Since establishment of the U. S. Constitution, the government had kept secret records on the basis of constitutional authority. However, the U. S. government began to take shape the secret records management system when it participated in the World War I, which required the system to reflect the needs in reality to manage drastic increases in important military and foreign relation documents. The World War II made the U. S. government strengthen its secret records management system, and its conception of secret records management system at that time has sustained until now. It can be said that the current secret records management system of the U. S. government continues to be managed by constitutional authorities and the executive orders which are opt to change. This article intends to review the secret records management system of the U. S. from the initial history of the U. S. to the Cold War. To understand its system of secret management, the paper investigates the U. S. secret records management history by dividing into three periods: the period of establishment of its tradition(the Colonial era~just before the WWI); the period of taking shape of its system (the WWI~the WWII); and the period of current conception of its system. The criteria of these divisions are created based on the differences of the laws relevant to the secret records and the application methods of secret management system in reality.

• The Korean Journal of Archival Studies
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• no.59
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• pp.159-206
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• 2019

This study aims to analyze the details of the executive order of the president of the United States, which have been developed in the country's administrative system to institutionalize the guarantee of the people's right to know the classified records, as well as to protecting national secrets. This study also aims to present any implications for the development of the classified record management system of Korea. To this end, the previously issued EO concerning the classified records management were reviewed in terms of its classification, safeguard, and declassification. The analysis results showed that the EO by the president established and prescribed the special access program for national secrets, the system to exempt and suspend the automatic declassification, and the sanctions for protecting national secrets. The EO also established and prescribed the appointment system for the person with the authority to classify record, automatic declassification program, and Mandatory declassification review system, as well as the procedures for historical researcher and certain former government personal to access the classified records with the purpose of guaranteeing people's right to know. As a result, this study identified implications for the development of Korea's classified record management system, as follows : First, it is necessary to restructure the current classified record management system, by changing the operations that is dependent on the director of the National Intelligence Service to the one that is dependent on the President. Second, it is necessary to legislate a separate special law for the classified record management system. Third, a standing supervisory body should be established for the integrated management and for the consistent and routine supervision of the classified record management. Fourth, it is necessary to establish procedures to further review the classification of classified record to correct the defects of the current classification system, which has been abused and mismanaged by the national agencies and organizations that produce classified record.

• Journal of Korean Society of Archives and Records Management
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• v.13 no.1
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• pp.159-179
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• 2013

This study traces the evolution of the compilation of foreign relations of the United States series and analyzes its archival issues from its historical development. The study examines the purposes of publishing the compilations of the diplomatic documents, an issue of making a balance between secrecy for national security and accountability of diplomacy, neutrality in compiling historical materials, and methods and principles of the compilation. To analyze these records issues, the study examines the contents and contexts of the compilation, historical evolution of the compilation, and the political and records issues of the compilation in the U.S. political history. The declassification issue for the historical compilation was also examined because the issue was a major obstacle to the timely publication of FRUS.

• The Korean Journal of Archival Studies
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• no.13
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• pp.205-231
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• 2006

My suggestions in this paper come out of the review of the records on the Korean-Japanese negotiations(1952-1965). Before January 2002, the enforcement of the public records law, we had a poor management system of the diplomatic records. For a long time the diplomatic records of Korean government has not been preserved and managed according to the international and professional standards. So many important records have been probably lost and unsuitably classified, preserved for the future use. By the coming of public records law this deplorable situation in the management of diplomatic records has been much improved. However the registration, classification, compilation, based on the principle of provenance were not so sufficiently realized. It is now very urgent to employ more archivists in the relevant governmental institutions and organizations, and to introduce the concept of record group for the management of diplomatic papers. Also at the preparatory work for the publication of the diplomatic papers it is strongly needed to make a room for the participation of the civil experts such as historians, archivists and political scientists. In the case of publication of the Korean-Japanese papers it is also necessary to take the relevant American and Japanese governmental records on Korean-Japanese negotiations and private records of the actors of the times into account. Moreover it must be also seriously considered to start a big project for the elaborate edition of the important records of the foreign policy of the nation.

• The Korean Journal of Archival Studies
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• no.35
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• pp.93-132
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• 2013

It is principle that the National Assembly Minutes are open to the general public based on the Constitution of the Republic of Korea. However, it will not be released to the public when the minutes are produced at a meeting held privately -the closed minutes- and the parts of the minutes are not published because of 'the demands on keeping confidential of the Chairman of the National Assembly or needs for the National Security' based on the National Assembly Act article 118 clause 1. These two minutes infringe the democratic rights, the public's rights to know seriously by reason that there are no procedures to disclose to the public. Especially the non-published parts of the minutes are highly likely in breach of the constitution. This paper will deal with the regulations and guidelines related to the disclosure of the closed minutes focusing on the United States and the United Kingdom where developing countries on the parliamentary democracy. Then, it is suggested placing an emphasis on the legal aspects that the plans to make public of the closed minutes and non published parts of the minutes based on the reviewed results of the committee of the National Assembly Archives and the initiative proposed by the member of the National Assembly, Jung Chang-rae in the last 2004.

• Journal of Korean Society of Archives and Records Management
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• v.1 no.1
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• pp.201-230
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• 2001

Conserving the recored cultural inheritance is actually the duty of all of us. Above all, the management and conservation of archives and documents is up to archivists who have technical knowledge about archival science. Archivists have to not only conserve archives and documents but also carry out classifying and appraising them in order to define them as current historic ones. The fundamental education about archival science is made up of history and law. Because Archive is the organisation which manage archives and documents produced by legal and administrative actions. Although there are still arguments about technical knowledge and degree archivists have to acquire, most of them prefer the studies related with history and emphasize legal studies to be the general boundary of archivits' ideology and trust. The training course about conservation of archives is conducted in about 9 National Archives of Torino, Milano, Venezia, Genova, Bologna, Parma, Roma, Napoli, Palermo. The training course in 19th was mostly based on the lectures of Phaleography, Diplomatics. There were not the education about archival science yet. Toward the end of 19th and 20th, people stressed the most basic subject in the training course of National Archive was not Phaleography and Diplomatics but archival science. The goal of archival science is to study the institution and organisation transferring archives and documents to Archive. And also it help archivists not wander about with ignorance of organisational and original procedures and divisions but know exactly theirs works. Like this, the studies on institution and organisation have got in the saddle as a branch of archival science since a few ten years. While archival science didn't evoke sympathy among people and experienced the tedious and difficult path in italy and other countries, Archive was managed by experts of other branches. As a result, there were a lot of faults in Archival Science. Specializing training course for Italian archivists came into being under the backdrop of Social Science Institute of Roma National University in 1925. The archival course of universities accomplished by the studies of history, law and economy. And such as Eugenio Casanova and Giorgio Cencetti were devoted archival science was abled to settle down in national archive. The training course for experts of 'archival science, 'Phaleography and Diplomatics' in National Archive of Bologna(Archivio di Stato di Bologna) is one of courses conducted in 17 National Archives in italy. This course is gratuitous and made up of 8 subjects(Archivistica, Paleografia, Diplomatica, Storia dell' Archivio, Notariato e documenti privati, istituzione medievale, istituzione moderna, istituzione contemporanea) students have to complete for two years. Students can receive the degree through passing twice written exam and once oral test. After department of Culture and education finally puts the marks of students, the chief Nationa Archive of Bologna confer the degree of 'archival science Phaleography and Diplomatics' on students passing the exams. This degree authenticates trainees' qualification which enables him to work at the archive in province, district and administrative capital city and archive of comunity and so on. Italian training course naturally leads archivists to keep in contact with valuable cultural inheritance through training in Archive. And it shows the intention to strengthen the affinity with each documents in the spot of archival management before training archivists. Also this is appraised as one of positive policies to conserve the local cultual inheritante in connection with the original qualitity of national archive with testify the history of each region. Traning course for archivist in Italy shows us the way how we have to prepare and proceed it. First, from producing documents to conserving than forever there has introduced 'original order that is to say a general rule to respect the first order given at the time producing documents'. Management of administrative documents is related consistently with one of historical documents. Second, the traning course for archivist is managing around 17 national archives. because italian national archive lay stress not or rducation of theory bus on train for archivest working in the first time of archival science. Third, diplomatics and phaleography for studies about historical document support archives. Forth, the studies on history id proceeding by cooperation between archivist and historian around archive. How our duties is non continuinf disputer who has to conserve and manage document and archives, but traing experts who having ability, vision and flexible thought, responsibility about archivals.

• The Korean Journal of Archival Studies
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• no.29
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• pp.225-268
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• 2011

The general public are interested in the politics and form public opinion and keep in check the government for true democracy. The general public have the right to be furnished information from the government. And the government should enact the Freedom of Information Act to provide the public's right to know. At the same time, the government should enact the Data Protection Act to provide the public's right to privacy. There is a friction between the Freedom of Information Act and the Data Protection Act. It's hard to maintain the proper balance between the Freedom of information Act and the Data Protection Act, but many countries try to do so. The UK enacted the Data Protection Act 1998(DPA), which entered into force on 2000, to comply with EU Directive 1995. The Freedom of Information Act 2000(FOI), which came fully into force on 2005, was passed in 2000. The FOI imposes significant duties and responsibilities on public authorities to give access to the information they hold. The purpose of this study is to consider the provisions of the personal data in FOI and DPA. Besides this, it identifies the complaint cases on public authorities about the disclosure and exemption of the personal data in comparison with the acts. If information is the personal data of the person making the request, it will disclose under the DPA. If information is the personal data of a third party, it will disclose under the FOI. These acts interact each other to make up for the weak points in the other to make a proper application of the act on public authorities. This study may have any limitation in making a comparative study of the disclosure and exemption of the personal data in Korea. But it is expected to provide a basis for understanding the disclosure and exemption of the personal data in the UK.