• Title/Summary/Keyword: 재판기록물

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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.

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.

Status of the Constitutional Court Records Management and Improvement (헌법재판소 기록관리현황과 개선방안)

  • Lee, Cheol-Hwan;Lee, Young-Hak
    • The Korean Journal of Archival Studies
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    • no.38
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    • pp.75-124
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    • 2013
  • This study aims, by paying attention to the special values of records of Constitutional Court, to discuss the characteristics of them and figuring out their present state, and to suggest some measures for improvement in the records management. First of all, I defined the concept of the records of Constitutional Court and its scope, and made an effort to comprehend their types and distinct features, and on the basis of which I tried to grasp the characteristics of the records. Put simply, the records of Constitutional Court are essential records indispensible to the application of Constitutional Court's documentation strategy of them, and they are valuable particularly at the level of the taking-root of democracy and the guarantee of human rights in a country. Owing to their characteristics of handling nationally important events, also, the context of the records is far-reaching to the records of other constitutional institutions and administrations, etc. In the second place, I analyzed Records Management Present State. At a division stage, I grasped the present state of creation, registration, and classification system of records. At an archives repository stage, I made efforts to figure out specifically the perseveration of records and the present of state of using them. On the basis of such figuring-outs of the present situation of records of Constitutional Court, I pointed at problems in how to manage them and suggested some measures to improve it in accordance with the problems, by dividing its process into four, Infrastructure, Process, Opening to the public and Application. In the infrastructure process, after revealing problems in its system, facilities, and human power, I presented some ways to improve it. In terms of its process, by focusing on classification and appraisal, I pointed out problems in them and suggested alternatives. In classification, I suggested to change the classification structure of trial records; in appraisal, I insisted on reconsidering the method of appropriating the retention periods of administration records, for it is not correspondent with reality in which, even in an file of a event, there are several different retention periods so it is likely for the context of the event worryingly to be segmented. In opening to the public and application, I pointed at problems in information disclosure at first, and made a suggestion of the establishment of a wide information disclosure law applicable to all sort of records. In application, I contended the expansion of the possibility of application of records and the scope of them through cooperation with other related-institutions.

Study of the Progressive Party Case Records through the Lens of Archival Science (진보당 형사사건기록에 대한 기록학적 고찰)

  • Lee, JuYoung;Jeon, HyunSoo
    • The Korean Journal of Archival Studies
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    • no.77
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    • pp.109-150
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    • 2023
  • Prior researchers interpreted the records of criminal cases involving the Progressive Party from a historical perspective. In marked contrast to existing trends, this study examines the Progressive Party case records through the lens of archival science. This study dissects the Progressive Party case records as a single and complete record group and at each stage of their life cycle from police investigation through criminal prosecution to trial. This approach enables a holistic analysis of archival characteristics of the records. This study begins with an appraisal of the nature and types of case records generated and maintained by the various agencies in light of the investigatory authorities delegated to each institution. This study then dissects the police, prosecution, and Counter Intelligence Corps records leading up to the indictment of Progressive Party members as well as the court records of the trial that followed. In particular, this study reveals the insufficiency and illegality of the evidence against the defendants in the Progressive Party case from an archival standpoint. Setting aside the admissibility or strength of the evidence under criminal law, the present study demonstrates that the records lack reliability, authenticity, and integrity-the fundamental attributes required for evidentiary efficacy of records from an archival standpoint.

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.

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.

Epigraph Reading by Photographic Reading Techniques - Focused on Pyeongwangtapbi Monument of Seonggak Daesa - (사진 탁본 기법을 이용한 금석문 판독 - 무위사 선각대사편광탑비를 중심으로 -)

  • Jang, Seon Phil;Hahn, Sang June
    • Korean Journal of Heritage: History & Science
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    • v.44 no.2
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    • pp.58-75
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    • 2011
  • This study aimed to demonstrate that photographic reading can be used to decipher epigraphs more effectively and accurately than conventional rubbing of epigraphy. When using the rubbing technique, the reading rate varies for the each epigraph depending on the time, person, and rubbing method. Thus, we compared the results of conventional rubbing to photographic reading focusing on unread and misread letters. According to the results, some letters were different from those in the reference books, and some letters that could have been readable via photographic reading were misread or read as different letters. In its undamaged state, the Pyeongwangtapbi Monument of Seonggak Daesa is supposed to contain a total of 2,049 letters, and 1,763 of them have been deciphered. This study corrected a total of 308 letters that had not been deciphered or deciphered inconsistently in existing literatures. However, it should be noted that the epigraphs of the Pyeongwangtapbi Monument of Seonggak Daesa read using the rubbing technique were made at least 30-100 years ago, and the photographic reading was performed in 2010. Thus, the overall condition is not perfectly identical. If we read and compare in the same condition, we may obtain even more reliable results. Therefore, based on this study of photographic reading, further studies regarding the correction of the contents of epigraphy should be performed.

Research on the Chapter Titled "Gongsa" from the Jeon-gyeong (『전경』 「공사」편 연구)

  • Ko, Nam-sik
    • Journal of the Daesoon Academy of Sciences
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    • v.30
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    • pp.163-199
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    • 2018
  • Jeon-gyeong was published under the command of Dojeon Park Wudang in 1974. The scripture consists of 7 parts and each part has 17 chapters. The earliest record of Gucheon Sangje (1871~1909) can be found in Jeungsan Cheonsa Gongsagi, which was published by Lee Sangho (1888~1967) in 1926. The book was the first oral literature that he created by collecting information and materials on Jeungsan as he personally met with many direct disciples of Gucheon Sangje. In 1929, after three years, Lee complemented the book with additional materials and published the first edition of Daesoon Jeon-gyeong. It was a form of didactic literature stylistically presented as scripture. Lee continued this long journey of work by revising and publishing 6 editions of Daesoon Jeon-gyeong until he published the last one in 1965. The chapter titled, "Cheonji-gongsa (Reordering Works of the Universe)" from Daesoon Jeon-gyeong as the sixth chapter out of a total of 13 chapters in the first edition, but in the last edition, it appears as chapter 4 out of a total of 9 chapters. Here it is shown that the last edition has been shortened when compared to the first edition. Also the number of verses in the chapter has largely increased by almost twice its original size over the 37 years; as it was 81 in the first edition, 94 in the second, 148 in the third, 151 in the fifth, and 175 in the sixth. In this paper, I studied how the verses of "Gongsa (Reordering Works)" from the Jeon-gyeong, which was first published in 1974, have been revised in comparison to the chapter titled "Cheonji-gongsa" from the Daesoon Jeon-gyeong. As the result of comparing each verse of "Gongsa" from the Jeon-gyeong to those of "Cheonji-gongsa" from all six editions of the Daesoon Jeon-gyeong, I could find the following revisions or changes. First, when "Cheonji-gongsa" from the Daesoon Jeon-gyeong is compared to "Gongsa" from the Jeon-gyeong, it can be seen that the number of verses has been changed and some contents have been deleted or added. Second, the sixth edition of the Daesoon Jeon-gyeong has 69 more verses than the Jeon-gyeong, and most of the additions were made in the chapters titled "Haengrok (analects)," "Gyoun (conveyance of teachings)," and "Yesi (forseeing)". These additions show how the verses regarding religious and predictional teachings developed over the years. Third, the verses from "Gongsa" from the Jeon-gyeong contain many descriptions from chapter 2, "Enlightenment of Dao and Miraculous Deeds of Cheonsa (Heavenly Teacher)," chapter 3, "Followers in the Dao School and Precepts," and chapter 5, "Opening of New World and Paradise," from the 6 th edition of the Daesoon Jeon-gyeong. This indicates that "Cheonji-gongsa (Reordering Works of the Universe)" was related to miraculous acts, enlightenment to Dao, teachings given to the followers, the opening of new world, and the building of a paradise. Fourth, some chapters in the section "Cheonji-gongsa" from Daesoon Jeon-gyeong are omitted in "Gongsa" from Jeon-gyeong, and "Gongsa" has some new contents that were not included in previous texts. This shows that there had been adoptions of different materials in the process of transmission.