• Title/Summary/Keyword: 법원기록관리

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A Study on the Court Records Management System (법원기록관리체제 연구)

  • Lee, Seung-Il
    • Journal of Korean Society of Archives and Records Management
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    • v.10 no.1
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    • pp.31-53
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    • 2010
  • This paper historically examines how the management system of administrative records and court records generated in court were established, and what it's features are. Because the court exercises jurisdictional rights such as confirming the legal rights and responsibilities of Korean nationals, the court records have a unique characteristic compared to general administrative records. In particular, court records are not composed only of rulings generated in courts, but also of various records such as civil case records and criminal case records. In order to understand the legal records management system, we must first identify the method of preservation and management after these records, which have different provenance, pass the court procedures.

An Improvement Direction of Judicial Records Management System : Focusing on the Judicial Archives Center (법원기록 관리 체계의 개선방향 법원기록보존소를 중심으로)

  • Kwak, Ji Young;Kim, Ji Hyun
    • The Korean Journal of Archival Studies
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    • no.58
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    • pp.225-262
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    • 2018
  • The purpose of this study is to examine the current situation of the judicial records management by paying attention to the lack of relevant research despite the specialty and importance of the judicial records. This study indicates there is much room for improvement. In order to define the judicial records, we first classify the kinds of judicial records produced according to the functions performed by the court. And we inspect how the records are managed and how the judicial records management is operated. We identified the legal and institutional aspects of court records management. Based on this, problems such as lack of records center, lack of records manager, and redundant management of records belonging to court records were derived. As a way to improve this, We proposed the establishment of the archives, the expansion of the records manager or archivist, and the integrated management of the records management institutions.

Records of the Prosecutor's Office at Gyeongseong District Court(京城地方法院檢事局) and Set up the Department of Ideology(思想部) (경성지방법원 검사국 기록과 '사상부(思想部)'의 설치)

  • Jung, Byung Wook
    • The Korean Journal of Archival Studies
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    • no.40
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    • pp.95-130
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    • 2014
  • Three frequently used documents by researchers on the Japanese colonial period-Classified Police Records of the Japanese Government-General of korea on the Anti-Japanese Movement 舊 朝鮮總督府 警務局 抗日獨立運 動關係 秘密記錄, Trial Records of Gyeongseong District Court 京城地方法院 裁判記錄 and Filed Documents of Gyeongseong District Court 京城地方法院 編綴文書(while the latter two were collected by the National Institute of Korean History, the former was collected by Asiatic Research Institute of Korea University)-are among the same records group that the Prosecutor's Office of Gyeongseong District Court produced through registration and compilation. As contents related to ideology suppression and thought control were numerous, it could be assumed that most of the materials were produced by the 'Department of Ideology' of the Prosecutor's Office. By examining the administrative records of the 1920's within this group, the process of how the 'Department of Ideology' was formed is clearly shown. As ideological movements for Korea's independence and revolution grew, execution of regulations was further expanded by the Prosecutor's Office. Since the mid-1920's, information on ideology had been separated from general information, was routinely collected heavily, and was considered more valuable than the general information. By the end of the 1920's, the term Ideology Prosecutor 思想係 檢事(meaning a prosecutor who specializes in ideology verification) and the named 'Department of Ideology'(思想部) emerged on the records.

An Analysis of the Information Disclosure System in the Judiciary of Korea (법원의 정보공개제도 운영 현황 분석)

  • Kwak, Jiyoung;Kim, Jihyun
    • Journal of Korean Society of Archives and Records Management
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    • v.19 no.2
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    • pp.77-107
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    • 2019
  • This study aims to analyze the current state of the operation of the information disclosure system in the judiciary of Korea to identify problems and suggest ways to provide more effective and substantive requests for information disclosure in the future. To this end, we reviewed the court's information disclosure claims process from 2007 to 2017 using the data published in the judicial yearbook and the data charged to the court information disclosure system of Korea. Results showed the different processes according to the person in charge, the high withdrawal rate, the complaint response rate, and the trend of the information nonexistence as the common problems. To solve these issues, we proposed to improve the various claims system, strengthen the education of the information disclosure claimant, publish the manual, and expand the provision and original text of information in advance.

Reformation of the Korea's National Archiving System (한국 국가기록관리체제의 개혁과 국가기록원 개편)

  • Lee, Seung il
    • The Korean Journal of Archival Studies
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    • no.41
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    • pp.39-73
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    • 2014
  • This study aims to analyze the features and problems of the Korea's national records archiving system established in 1999, as well as to suggest the countermeasures. First, in Korea, permanent records are archived by the administration, legislature and judicature separately. However, around the world there are very few cases where a national archives controls the records of the administration alone, whereupon there is the need to set up an integrated archiving system regarding the records of the administration, legislature and judicature. Second, in Korea, the records archiving system leans too much towards the centrally-controlled system, which is urgent to be solved. 'Record Management Act' stipulates that all the public records, including nonpermanent ones, shall be managed by National Archives, wherewith National Archives is overburdened. Hereat, it may be desirable for National Archives to manage very important records that deserve to be archived permanently and for Record Center to archive other records, which needs to be made into law.

褪變檔案字迹的恢復与保護

  • 이옥호
    • Journal of Korean Society of Archives and Records Management
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    • v.2 no.2
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    • pp.205-211
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    • 2002
  • 퇴변한 필적을 회복하고 보호하는 것에 관계되는 여러 학과를 설립하여, 각고의 연구 끝에 이 영역에서 일련의 중대한 돌파를 얻었다. 볼펜 복사지 푸른색 먹(黑) 연필 청사진 등의 필적 재료의 퇴색 확산 회복 고정기제 및 종이 노화와 보호기제 등 복잡한 요소를 연구 분석하여 일련의 퇴변한 당안 필적 회복과 보호제를 연구 제작하였다. 이 일련의 성과가 세상에 나온 이래 중국 30개성 자치구에서 정부기관 경찰 법원 도시규획과 건설 지질 수도 전기 철로 석유 조사 설계 군사 등의 일부분 당안에서 응용되었고, 심각하게 퇴변한 대량의 진귀한 문헌 문물로 하여금 원래 모습을 회복시켰으며, 영구 보존할 필요가 있는 문건을 내구적으로 고정시킬 수 있었다. 동시에 국제 당안계 및 지질문물 수장, 연구 부분에서 강렬한 영향을 불러일으켰다.

he Method of Utilization on the Civil Litigation of Pre-Colonial Korea, 1894-1905 : With Special Reference to Hanseong Court (갑오·대한제국기(1895~1905년) 민사재판 판결문 활용방안 연구 한성재판소를 중심으로)

  • Hwang, Oi-jung;Lee, Young-Hak
    • The Korean Journal of Archival Studies
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    • no.43
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    • pp.103-145
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    • 2015
  • This study is intended to examine the present condition and management of Korean civil litigation between 1895 and 1905, during which the traditional korean legal system had undergone a significant reform until it was finally incorporated into the Japanese colonial counterpart. Civil litigation is important in historical archiving, in that we can understand archiving over time, the governing structure and our national identity. However at times we are not able to use them practically. The ultimate goal of preserving and maintaining the archives is to use them practically. The effective use of archives should be supported by their systematic management and access to a high standard. Therefore, the second main theme of this study is to propose to unveil civil litigation to the public for professional studies. Firstly, we should make a list of civil judgments from a management perspective. Secondly, we should inform people of the civil justice rulings through publicity activities such as contents creation, exhibition, documentary creation, education and so on. Thirdly, the historical archives of the civil litigations should be preserved apart form records. Fourthly, I should propose that we offer curriculum about interpreting and understanding history archives for strengthening of our expertise. Civil judgment of Guhanmal-Japanese is invaluable as it explains the history of our culture. Results of Conservation and utilization will be a valuable resource and invaluable to study.

A Study on the Established Requirements for Records through Precedent Analysis: Focusing on "Inter-Korean Summit Meeting Minutes Deletion" Cases (판례 분석을 통한 기록의 성립 요건 검토: '남북정상회담회의록 삭제' 판례를 중심으로)

  • Lee, Cheolhwan;Zoh, Youngsam
    • Journal of Korean Society of Archives and Records Management
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    • v.21 no.1
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    • pp.41-56
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    • 2021
  • This study aims to analyze the court ruling on "Inter-Korean Summit Meeting Minutes Deletion," identify how the established requirements, concept, and scope for the records prescribed in the Public Records Management Act are applied in actual cases, and summarize the future tasks. It analyzes the "approval theory" as the point of establishment for records by the ruling means and how the meaning of approval is determined, and examines the difference between the e-jiwon System and the On-Nara System to understand the meaning of ruling clearly. Moreover, it analyzes how the "Invalidity of Public Documents Crime" in Article 141 in the Criminal Act influences record management. Based on such comprehensive case analyses, the study proposes what tasks the administrative agencies such as the National Archives of Korea and the Ministry of the Interior and Safety should perform.

A Study on Functional Requirements for the Establishment of Evidence Values of Electronic Records Focused on eDiscovery (전자기록의 증거적 가치 수립을 위한 기능요건에 관한 연구: 미국 eDiscovery 적용을 중심으로)

  • Choi, Kippeum;Lee, Gemma;Oh, Hyo-Jung
    • Journal of the Korean Society for information Management
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    • v.38 no.2
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    • pp.201-226
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    • 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.

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.