• 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.

• 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.

• 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.

• 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.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.83-107
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• 2019

In order to resolve a dispute over a medical accident, the court is in the process of appraising the medical records for medical professionals to report their medical expertise or judgments using that knowledge. The consequences of expert opinion about a medical accident are only one of the methods of evidence as a reference. Therefore, in principle, the court should not be bound to the results, but the court, which is not a medical expert, can not completely rule out medical expert opinion as to whether there is medical malpractice and causality. Therefore, it can not be denied that the proportion of expert opinion of medical records in the dispute about medical accidents is high and it has an important influence on the judgement of the court. In this paper, we examine the significance and function of expert opinion of the medical accident, examine the appraising procedure of the medical records in the court and the appraising procedure of the medical accidents of the Korean medical dispute mediation arbitrator do. In addition, I would like to examine what kind of attitude is being taken in response to expert opinion of medical records in Korea to court, to examine the implications of the case of Japan as a foreign system, and to suggest improvement points in the expert opinion procedure of medical record filing in Korea. In particular, I would like to suggest improvements on issues such as the fairness of the expert opinion of medical records and the delays in litigation due to delays in the process of expert opinion.

• 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.

• 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.

• Journal of Legislation Research
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• no.54
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• pp.303-343
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• 2018

In 2013 a new era for EU patent law system was launched. The creation of the EU patent with unitary effect and the establishment of the Unified Patent Court established a new legal framework on substantive patent protection and patent litigation in Europe. This year the EU Patent Package would become a reality. It includes a regulation on a unitary patent, a regulation on the translation regime and an international Agreement on the Unitary Patent Court. In contrast to the classical European patent, the post-grant life of unitary patent will be governed by the newly created unified patent court and it will have unitary effect. In this article, I highlight the effect of the unitary patent and the jurisdiction of the unified patent court over unitary patents (and 'traditional' patents granted under the EPC that are not opted-out) for actions in relation to patent infringement or to revocation of a European patent and to licences of right. This article explores on the one hand the relation between national patent, the classical European patent and EU patent with unitary effect and on the other hand the relation of unified patent court to the Brussels $I^{bis}$ Regulation. Particular attention is paid to the institutional changes created by the unitary patent package abd the new supplementary forum that enables the UPC to hear disputes involving defendants from third States that relate to an infringement of a European patent and give rise to damage inside as well as outside the Union. Furthermore on the perspective North-east Asia this essay examines the lessons from the experiences of EU patent package.

• 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.

• 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.