• Title/Summary/Keyword: 법률(法律)

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Establishment of Safety Factors for Determining Use-by-Date for Foods (식품의 소비기한 참고치 설정을 위한 안전계수)

  • Byoung Hu Kim;Soo-Jin Jung;June Gu Kang;Yohan Yoon;Jae-Wook Shin;Cheol-Soo Lee;Sang-Do Ha
    • Journal of Food Hygiene and Safety
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    • v.38 no.6
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    • pp.528-536
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    • 2023
  • In Korea, from January 2023, the Act on Labeling and Advertising of Food was revised to reflect the use-by-date rather than the sell-by-date. Hence, the purpose of this study was to establish a system for calculating the safety factor and determining the recommended use-by-date for each food type, thereby providing a scientific basis for the recommended use-by-date labels. A safety factor calculation technique based on scientific principles was designed through literature review and simulation, and opinions were collected by conducting surveys and discussions including industry and academia, among others. The main considerations in this study were pH, Aw, sterilization, preservatives, packaging for storage improvement, storage temperature, and other external factors. A safety factor of 0.97 was exceptionally applied for frozen products and 1.0 for sterilized products. In addition, a between-sample error value of 0.08 was applied to factors related to product and experimental design. This study suggests that clearly providing a safe use-by-date will help reduce food waste and contribute to carbon neutrality.

A study on the legal relationship between the change in the date of performance of trade contracts and the date of shipment of letters of credit (무역계약의 이행기일과 신용장 선적기일의 변경 간의 법률관계에 대한 연구)

  • Je-Hyun Lee
    • Korea Trade Review
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    • v.48 no.3
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    • pp.23-41
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    • 2023
  • The seller and the buyer write down the agreed details in the trade contract as trade contract clauses. In the case where a letter of credit is agreed to be the payment condition, the buyer shall open a letter of credit to the seller with the shipping date specified in the trade contract through its bank. In this case, the legal relationship between the performance date of the trade contract and the shipment date of the letter of credit, the change of the performance date of the trade contract due to the change of the trade contract and the change of the shipment date specified in the letter of credit, the seller's letter of credit A problem arises in the legal interpretation of the approval period and the change request period. Therefore, this paper analyzed the precedents of the Seongnam Branch of the Suwon District Court and the Seoul High Court related to these legal issues. The performance date of a trade contract is the seller's delivery date and the buyer's payment date. In the letter of credit transaction, the date of performance of the trade contract is regarded as the date of shipment and the date of negotiation of documents specified in the letter of credit. The seller must decide whether to accept the letter of credit within 5 banking days after receiving the letter of credit from the buyer. After this period has elapsed, the seller cannot refuse the letter of credit. However, if the buyer is unable to decide whether to accept the letter of credit within 5 banking days due to reasons attributable to the buyer, the delivery date specified in the letter of credit will be extended. If the seller requests an amendment to the letter of credit, the buyer must accept it and open the letter of credit the seller desires to the seller. If the buyer refuses the seller's request to change the letter of credit, company A has the obligation to change and reopen the letter of credit as requested by company B. Expect by agreeing on the quotation As it is a fundamental breach of contract stipulated in Article 25 of the United Nations Convention on Contracts for the International Sale of Goods, company B can cancel the trade contract and claim damages from company A. Compensation for damages caused by Company A's breach of the trade contract shall be an amount equal to the loss suffered by Company B as a result of the breach, including loss of profits.

The Effect of Start-up Accelerating Manager's Enabling Characteristics on Their Full Commitment & Performance to Start-up Support Groups: In The Center of Manager's Self-Efficacy (창업지원 매니저의 역량 특성이 창업지원단 몰입도와 업무성과에 미치는 영향: 매니저의 자기효능감을 중심으로)

  • Kang, Hye Jung;Yang, Young Seok;Kim, Myung Seuk
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.17 no.1
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    • pp.13-28
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    • 2022
  • Korean Government Budget Supports for startups have been spiked and resulted in increasing the number and scaling up Startup Accelerating managers. It have skyrocketed the strong demand for their qualified roles. However, unclear role description and gap between required role and their capability have discouraged startup manager's self-efficacy resulted in declining their full commitment and causing poor role performance. The focus of this research falls on empirical analysis to the effect of startup accelerating manager's capability characteristics on their full commitment and performance to start-up support groups. This research is expected to deliver diverse policy alternatives to build up manager's core competencies to accelerate their self-efficacy leading their full role commitments and finally pushing up policy performance. In addition, this research will found more strong literature review for the following researches in this emerging fields. This research is brought four highlighting results with respect to four research problems. First, it propose proper concept of startup accelerating manager based upon its legal entitlement. Second, it drive required core competencies of manager for successful their accountability. Third, it analyze the unique features of startup accelerating manger's capabilities against business incubation manger. Fourth, it empirically analyze in coming with government startup funding, the effect of self-efficacy including employment status, job environment, etc. on their organizational commitment and job performance. This research reveal the required unique core competencies of manger into founder sourcing ability, project managing ability, startup proving and pivoting ability, consulting ability for successful investment raising. As of this empirical research results, First, manager's ability have positively effect on their job performance, full commitment, and self-efficacy. Second, self-efficacy have a mediating effect on manager's ability, job performance, full commitment. This research derive key policy implication of requiring to build up more accelerating ability, of manager from the basics to advance level by customized and algorithm based traing program. This accelerating ability buildup program will not only surge self-efficacy of manger resulting in making full commitment and better job performance, but also devote to categorizing the unique new feature and position of manger as seed investment and supporter.

Middle School Science Teacher's Perceptions of Science-Related Careers and Career Education (과학 관련 직업과 진로 교육에 대한 중학교 과학 교사의 인식)

  • Nayoon Song;Sunyoung Park;Taehee Noh
    • Journal of The Korean Association For Science Education
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    • v.44 no.2
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    • pp.167-178
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    • 2024
  • In this study, we investigated the perceptions of science-related careers and career education among middle school science teachers. Sixty-four science teachers experienced in teaching unit 7 in the first year of middle school participated. The results of the study revealed that not only careers in science but also careers with science were found to be quite high when teachers were asked to provide examples of science-related careers. Jobs related to research/engineering, which are careers in science, comprised the highest proportion of teachers' answers, followed by jobs related to education/law/social welfare/police/firefighting/military, and health/medical, which are careers with science. However, the proportion of jobs mentioned related to installation/maintenance/production was extremely low. The skills required for science-related careers were mainly perceived to consist of tools for working and ways of working. The number of skills classified under living in the world was perceived to be extremely low across most careers, irrespective of career type. Most teachers only taught unit 7 for two to four sessions and devoted little time to science-related career education, even in general science classes. In the free semester system, a significant number of teachers responded that they provide science-related career education for more than 8 hours. Teachers mainly utilize lecture, discussion/debate, and self-study activities. Meanwhile, in the free semester system, the resource-based learning method was utilized at a high proportion compared to other class situations. Teachers generally made much use of media materials, with the use of textbooks and teacher guides found to be lower than expected. There were also cases of using materials supported by science museums or the Ministry of Education. Teachers preferred to implementing student-centered classes and utilizing various teaching and learning methods. Based on the above research results, discussions were proposed to improve teachers' perceptions of science-related careers and career education.

A Legal Analysis on the Absence of Provisions Regarding Non-relative Patients in the Act of Decisions-Making in Life-Sustaining Medicine (연명의료결정법에서 무연고자 규정미비 등에 관한 법적 고찰)

  • Moon, Sang Hyuk
    • The Korean Society of Law and Medicine
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    • v.24 no.4
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    • pp.103-128
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    • 2023
  • According to the current act of Decision-Marking in Life-Sustaining Medicine, the decision to withhold or discontinue life-sustaining treatment is primarily based on the wishes of a patient in the dying process. Decision-making regarding life-sustaining treatment for these patients is made by the patient, if he or she is conscious, directly expressing his/her intention for life-sustaining treatment in writing or verbally or by writing an advance medical directive and physician orders for life-sustaining treatment. It can be exercised. On the other hand, if the patient has not written an advance medical directive or physician orders for life-sustaining treatment, the patient's intention can be confirmed with a statement from the patient's family, or a decision to discontinue life-sustaining treatment can be made with the consent of all members of the patient's family. However, in the case of an unrelated patient who has no family or whose family is unknown, if an advance medical directive or physician orders for life-sustaining treatment are not written before hospitalization and a medical condition prevents the patient from expressing his or her opinion, the patient's will cannot be known and the patient cannot be informed. A situation arises where a decision must be made as to whether to continue or discontinue life-sustaining treatment. This study reviewed discussions and measures for unbefriended patients under the current law in order to suggest policy measures for deciding on life-sustaining treatment in the case of unbefriended patients. First, we looked at the application of the adult guardian system, but although an adult guardian can replace consent for medical treatment that infringes on the body, permission from the family court is required in cases where death may occur as a direct result of medical treatment. It cannot be said to be an appropriate solution for patients in the process of dying. Second, in accordance with Article 14 of the Life-Sustaining Treatment Decision Act, we looked at the deliberation of medical institution ethics committees on decisions to discontinue life-sustaining treatment for patients without family ties.Under the current law, the medical institution ethics committee cannot make decisions on discontinuation of life-sustaining treatment for unbefriended patients, so through revision, matters regarding decisions on discontinuation of life-sustaining treatment for unbefriended patients are reflected in Article 14 of the same Act or separate provisions for unbefriended patients are made. It is necessary to establish and amend new provisions. In addition, the medical institution ethics committee must make a decision on unbefriended patients, but if the medical institution cannot make such a decision, there is a need to revise the law so that the public ethics committee can make decisions, such as discontinuing life-sustaining treatment for unbefriended patients.

Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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Legal Issue in Case of Death or Injury of an International Crew While on Board (국제항공운송 승무원이 항공기내에서 사상(死傷)을 당한 경우 법률관계 - 국내외 판례의 분석을 중심으로 -)

  • Kim, Sun-Ah
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.137-168
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    • 2020
  • Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

An Analysis of the Specialist's Preference for the Model of Park-Based Mixed-Use Districts in Securing Urban Parks and Green Spaces Via Private Development (민간개발 주도형 도시공원.녹지 확보를 위한 공원복합용도지구 모형에 대한 전문가 선호도 분석)

  • Lee, Jeung-Eun;Cho, Se-Hwan
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.6
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    • pp.1-11
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    • 2011
  • The research was aimed to verify the feasibility of the model of Park-Based Mixed-Use Districts(PBMUD) around urban large park to secure private-based urban parks through the revision of the urban zoning system. The PBMUD is a type of urban zoning district in which park-oriented land use is mixed with the urban land uses of residents, advertising, business, culture, education and research. The PBMUD, delineated from and based on a new paradigm of landscape urbanism, is a new urban strategy to secure urban parks and to cultivate urban regeneration around parks and green spaces to enhance the quality of the urban landscape and to ameliorate urban environmental disasters like climate change. This study performed a questionnaire survey and analysis after a review of literature related to PBMUD. The study looked for specialists in the fields of urban planning and landscape architecture such as officials, researchers and engineers to respond to the questionnaire, which asked about degree of preference. The conclusions of this study were as follows. Firstly, specialists prefer the PBMUD at 79.3% for to 20.7% against ratio, indicating the feasibility of the model of PBMUD. The second, the most preferable reasons for the model, were the possibility of securing park space around urban parks and green spaces that assures access to park and communication with each area. The third, the main reason for non-preference for the model, was a lack of understanding of PBMUD added to the problems of unprofitable laws and regulations related to urban planning and development. These proposed a revision of the related laws and regulations such as the laws for planning and use of national land, laws for architecture etc. The fourth, the most preferred type of PBMUD, was cultural use mixed with park use in every kind of mix of land use. The degree of preference was lower in the order of use of commercial, residential, business, and education(research) when mixed with park use. The number of mixed-use amenities with in the park was found to be an indicator determining preference. The greater the number, the lower was preference frequencies, especially when related to research and business use. The fifth, the preference frequencies of the more than 70% among the respondents to the mixed-use ratio between park use and the others, was in a ratio of 60% park use and 40% other urban use. These research results will help to launch new future research subjects on the revision of zoning regulations in the laws for the planning and uses of national land and architectural law as well as criteria and indicators of subdivision planning as related to a PBMUD model.

Performance State and Improvement Countermeasure of Primary Health Care Posts (보건진료소(保健診療所)와 업무실태(業務實態)와 개선방안(改善方案))

  • Park, Young-Hee;Kam, Sin;Han, Chang-Hyun;Cha, Byung-Jun;Kim, Tae-Woong;Gie, Jung-Aie;Kim, Byong-Guk
    • Journal of agricultural medicine and community health
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    • v.25 no.2
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    • pp.353-377
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    • 2000
  • This study was performed to investigate the performance state and improvement countermeasure of Primary Health care Posts(PHPs). The operation reports of PHPs(1996 330 PHPs, 1999 313 PHPs) located in Kyongsangbuk-Do and data collected by self-administered questionnaire survey of 280 community health practitioners(CHPs) were analyzed. The major results were as follows: Population per PHP in 1999 decreased in number compared with 1996. But population of the aged increased in number. The performance status of PHP in 1999 increased compared with 1996. A hundred forty one community health practitioners(50.4%) replied that the fiscal standing of PHP was good. Only 1.4% replied that the fiscal standing of PHP was difficult. For the degree of satisfaction in affairs, overall of community health practitioners felt proud. The degree of cooperation between PHP and public health institutions was high and the degree of cooperation of between PHP and private medical institutions was high. The degree of cooperation between PHP and Health Center was significantly different by age of CHP, the service period of CHP, and CHP's service period at present PHP. Over seventy percent of CHPs replied that they had cooperative relationship with operation council, village health workers, community organization. CHPs who drew up the paper on PHP's health activity plan were 96.4 % and only 11.4% of CHPs participated drawing up the report on the second community health plan. CHPs who grasped the blood pressure and smoking status of residents over 70% were 88.2%, 63.9% respectively and the grasp rate of blood pressure fur residents were significantly different according to age and educational level of CHP. CHPs received job education in addition continuous job education arid participated on research program in last 3 years were 27.5%, respectively. CHPs performed the return health program for residents in last 3years were 65.4%. Over 95% of CHPs replied that PHPs might be necessary and 53.9% of CHPs replied that the role of PHPs should be increased. CHPS indicated that major reasons of FHPs lockout were lack of understanding for PHP and administrative convenience, CHPs were officials in special government service governors intention of self-governing body. CHPs suggested number of population in health need such as the aged and patients with chronic disease, opinion of residents, population size, traffic situation and network in order as evaluation criteria for PHP and suggested results of health performance, degree of relationship with residents, results of medical examination anti treatment, ability for administration and affairs in order as evaluation criteria for CHP. CHPs replied that the important countermeasures for PHPs under standard were affairs improvement of PHPs and shifting of location to health weakness area in city. Over 50% of CHPs indicated that the most important thing for improvement of PHPs was affairs adjustment of CLIP. And CHPs suggested that health programs carried out in priority at PHP were management of diabetes mellitus and hypertention. home visiting health care, health care for the aged. The Affairs of BLIP should be adjusted to satisfy community health need and health programs such as management of diabetes mellitus and hypertention, home visiting health care, health care for the aged should be activated in order that PHPs become organization reflecting value system of primary health care.

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Records Management and Archives in Korea : Its Development and Prospects (한국 기록관리행정의 변천과 전망)

  • Nam, Hyo-Chai
    • Journal of Korean Society of Archives and Records Management
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    • v.1 no.1
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    • pp.19-35
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    • 2001
  • After almost one century of discontinuity in the archival tradition of Chosun dynasty, Korea entered the new age of records and archival management by legislating and executing the basic laws (The Records and Archives Management of Public Agencies Ad of 1999). Annals of Chosun dynasty recorded major historical facts of the five hundred years of national affairs. The Annals are major accomplishment in human history and rare in the world. It was possible because the Annals were composed of collected, selected and complied records of primary sources written and compiled by generations of historians, As important public records are needed to be preserved in original forms in modern archives, we had to develop and establish a modern archival system to appraise and select important national records for archival preservation. However, the colonialization of Korea deprived us of the opportunity to do the task, and our fine archival tradition was not succeeded. A centralized archival system began to develop since the establishment of GARS under the Ministry of Government Administration in 1969. GARS built a modem repository in Pusan in 1984 succeeding to the tradition of History Archives of Chosun dynasty. In 1998, GARS moved its headquarter to Taejon Government Complex and acquired state-of-the-art audio visual archives preservation facilities. From 1996, GARS introduced an automated archival management system to remedy the manual registration and management system complementing the preservation microfilming. Digitization of the holdings was the key project to provided the digital images of archives to users. To do this, the GARS purchased new computer/server systems and developed application softwares. Parallel to this direction, GARS drastically renovated its manpower composition toward a high level of professionalization by recruiting more archivists with historical and library science backgrounds. Conservators and computer system operators were also recruited. The new archival laws has been in effect from January 1, 2000. The new laws made following new changes in the field of records and archival administration in Korea. First, the laws regulate the records and archives of all public agencies including the Legislature, the Judiciary, the Administration, the constitutional institutions, Army, Navy, Air Force, and National Intelligence Service. A nation-wide unified records and archives management system became available. Second, public archives and records centers are to be established according to the level of the agency; a central archives at national level, special archives for the National Assembly and the Judiciary, local government archives for metropolitan cities and provinces, records center or special records center for administrative agencies. A records manager will be responsible for the records management of each administrative divisions. Third, the records in the public agencies are registered in the computer system as they are produced. Therefore, the records are traceable and will be searched or retrieved easily through internet or computer network. Fourth, qualified records managers and archivists who are professionally trained in the field of records management and archival science will be assigned mandatorily to guarantee the professional management of records and archives. Fifth, the illegal treatment of public records and archives constitutes a punishable crime. In the future, the public records find archival management will develop along with Korean government's 'Electronic Government Project.' Following changes are in prospect. First, public agencies will digitize paper records, audio-visual records, and publications as well as electronic documents, thus promoting administrative efficiency and productivity. Second, the National Assembly already established its Special Archives. The judiciary and the National Intelligence Service will follow it. More archives will be established at city and provincial levels. Third, the more our society develop into a knowledge-based information society, the more the records management function will become one of the important national government functions. As more universities, academic associations, and civil societies participate in promoting archival awareness and in establishing archival science, and more people realize the importance of the records and archives management up to the level of national public campaign, the records and archival management in Korea will develop significantly distinguishable from present practice.