• Title/Summary/Keyword: 소송기록

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A Study on the Characteristics of Lawsuit Records as a Case File: Based on the Lawsuit Records of Korea Legal Aid Corporation (소송기록의 사안파일 특성 연구 - 대한법률구조공단의 소송기록을 중심으로 -)

  • Lee, Su Jin;Yim, Jin Hee
    • Journal of Korean Society of Archives and Records Management
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    • v.13 no.3
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    • pp.7-39
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    • 2013
  • Some records have to be classified not according to their business function but according to their case because of the characteristics of the organization's business. Examples of this are case files, criminal files, lawsuit files, personal files, medical files, and project files. The case files are made according to standard business processes. Case files are filled with records of a series of activities and these records, which are made while carrying out various functions, reenact the multilevel process of a case. This study organized the implications of managing case files by examining the composition of lawsuit records and deducting characteristics in management. To do this, first, this study analyzed the composition of the lawsuit records that Korea Legal Aid Corporation produced and managed. Second, this study confirmed how the characteristics of case files are reflected in the lawsuit records of Korea Legal Aid Corporation. Third and lastly, this study searched how the lawsuit files are managed and used through the example of Korea Legal Aid Corporation.

A Study on the Analysis and Improvement of Public Enterprises' Record Management for the Utilization of Record as Legal Evidence (법적 증거로서 기록의 활용을 위한 공기업 기록관리 현황분석 및 개선방안)

  • Park, Seoin;Kim, Jihyun
    • Journal of Korean Society of Archives and Records Management
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    • v.20 no.2
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    • pp.41-65
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    • 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.

The Guarantee of Criminal Victim's Information Rights (범죄피해자의 정보권보장을 위한 방안)

  • Yang, Kyung Kyoo
    • Convergence Security Journal
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    • v.13 no.5
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    • pp.137-145
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    • 2013
  • The most important thing in the trial reveal the truth regardess of civil trial or criminal trial. The criminal procedure should be amended to guarantee victims the right to attend court hearings, to receive information about the progress of their case. But the new Criminal Procedure Law 2007 stipulated merely reading right of investigation records after prosecution while reading and printing rights prior to prosecution were not legislated. All sections of the criminal justice process must ensure that the process of dealing with the offender should not increase the distress or add to the problems of victims of crime in secondary victimisation. Reading and printing rights of prior to prosecution should be stipulated at earliest to protect the criminal victims and to prevent the secondary victimisation, The purpose of this study is to practically protect the right of the victims on the criminal procedures.

Design of XMP-Based Electronic Document Architecture for Electronic Circulation of Litigation Documents (소송문서의 전자적 유통을 위한 XMP 기반 전자문서 구조 설계)

  • Park, Min-Soo;Song, Choong-Geun;Lee, Nam-Young;Kim, Jong-Bae
    • Journal of Digital Contents Society
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    • v.12 no.1
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    • pp.95-105
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    • 2011
  • It has become commonplace to use web-based business process systems in a variety of fields, and electronic litigation is not an exception. In electronic procedures where court records are at the core of the system, the electronic document architecture should be designed in a way that electronic documents are safely circulated and utilized on the web with a consideration of the authentication of records, particularity of cases and document security such as prevention of forgery or falsification. Based on a study of electronic formats suitable for court records, the Extensible Markup Language (XMP) for management of special case information and security requirements for circulation of electronic documents, this paper suggests an adequate architecture for electronic documents designed for electronic litigation involving constitutional matters and looks into cases where such architectures are applied. The studies in this paper will serve as a useful reference for those planning to realize web-based business process that enables exchanges of electronic documents.

Business Records and Information Management as Preparation for e-Discovery Risks (전자증거개시상의 위험에 대응한 기업기록정보관리 방안)

  • Seol, Moon-won;Lee, Haein
    • Journal of Korean Society of Archives and Records Management
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    • v.16 no.4
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    • pp.7-30
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    • 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.

특허 News

  • (사)한국여성발명협회
    • The Inventors News
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    • no.37
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    • pp.2-2
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    • 2005
  • 한국, 미국 내 특허 출원 세계 4위 기록 - LG그룹 `특허 인력` 두배로 늘린다 - 기록 잘 하니 아이디어와 특허 쌓이네 - 특허침해소송 우선심판 처리절차 개선 - 커플 우산 등 기능성 우산 출원 급증

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Building Corporate Information Governance to Prepare in Case of Litigation - Practical Implications of Sedona Conference Principles of Information Governance - (기업 소송에 대비한 정보거버넌스의 구축 방안 - 세도나 정보거버넌스 원칙을 중심으로 -)

  • Seol, Moon-Won
    • Journal of Korean Library and Information Science Society
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    • v.46 no.4
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    • pp.325-354
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    • 2015
  • Corporate information has great value, but also poses great risk. Information governance is an organization's coordinated, inter-disciplinary approach to satisfying information compliance requirements and managing information risks while optimizing information value. This study aims to suggest the directions of implementing information governance in business firms based on analyses of Sedona Conference Principles of Information Governance. After analysing and reformulating the principles into control standards, and they are investigated and interpreted in terms of practicing information governance.

A Study on Application of Predictive Coding Tool for Enterprise E-Discovery (기업의 전자증거개시 대응을 위한 예측 부호화(Predictive Coding) 도구 적용 방안)

  • Yu, Jun Sang;Yim, Jin Hee
    • Journal of the Korean Society for information Management
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    • v.33 no.4
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    • pp.125-157
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    • 2016
  • As the domestic companies which have made inroads into foreign markets have more lawsuits, these companies' demands for responding to E-Discovery are also increasing. E-Discovery, derived from Anglo-American law, is the system to find electronic evidences related to lawsuits among scattered electronic data within limited time, to review them as evidences, and to submit them. It is not difficult to find, select, review, and submit evidences within limited time given the reality that the domestic companies do not manage their records even though lots of electronic records are produced everyday. To reduce items to be reviewed and proceed the process efficiently is one of the most important tasks to win a lawsuit. The Predictive Coding is a computer assisted review instrument used in reviewing process of E-Discovery, which is to help companies review their own electronic data using mechanical learning. Predictive Coding is more efficient than the previous computer assister review tools and has a merit to select electronic data related to lawsuit. Through companies' selection of efficient computer assisted review instrument and continuous records management, it is expected that time and cost for reviewing will be saved. Therefore, in for companies to respond to E-Discovery, it is required to seek the most effective method through introduction of the professional Predictive Coding solution and Business records management with consideration of time and cost.

A Study on the Concepts of Record from a Legal Perspective (법적 증거로서 기록의 속성에 관한 연구)

  • Youn, Eunha
    • The Korean Journal of Archival Studies
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    • no.60
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    • pp.89-121
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    • 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.

A Study on the allowed range of viewing and copying right of criminal victim's investigation records (범죄 피해자의 수사기록 열람·등사권의 허용 범위에 관한 연구)

  • NAM, SEON MO
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.1
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    • pp.127-137
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    • 2019
  • In this study, I set the allowable range of viewing / copying rights of investigation records on criminal victims and bereaved families in the procedure of investigation. I tried to grasp the contents of the suspect's statement at an early stage and support it in order to cope appropriately Recently, the social consideration of people suffering from crime victims is expanding in fact. The scope of the investigation is set by the lawyer of the suspect in relation to the subordinate statute concerning the investigation and reading of the investigation record. In parallel, it is necessary to apply to the victim's lawyer or bereaved. This is a part that coincides with the purpose of certifying private rights such as browsing of litigation records to the victim and ultimately has a purpose related to the allowable range. Although it is the right to receive the investigation result at each stage, it is not used properly. Especially when distorted investigation progresses, if the suspect is not prosecuted, the victim may be in a state of regret. The important part can be summarized as the question of whether the investigation of the victim's lawyer is allowed to view and access the criminal records. This section has been reviewed with a focus on the current Act and its functional aspects should be emphasized and revised in accordance with the legal environment. These findings will contribute to ensuring victims' rights in the future. It is also used as an important resource in the legislative process, including the revision of the criminal procedure law.