• Title/Summary/Keyword: Act on Public Records and Archives Management

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A Study on Legal Issues of Public Data Management as Records: Focused on Analysis of the Act on Provision and Use of Public Data (기록으로의 공공데이터 관리를 위한 제도적 고찰 - 『공공데이터의 제공 및 이용 활성화에 관한 법률』 분석을 중심으로 -)

  • Kim, You-Seung
    • Journal of Korean Society of Archives and Records Management
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    • v.14 no.1
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    • pp.53-73
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    • 2014
  • The study aims to analyze the Public Data Act and provide alternative strategies for public data management. It conducts an extensive literature review based on a multidisciplinary approach and discusses the terms, public data and synonyms from the Public Data Act, and other related laws while also studies and traces the history of related regulations. The significance of the Public Data Act is analyzed and the major contents of the Act are examined, particularly, the contents that describe relevant committees. As a result, the article discusses five issues: relation between regulations, ambiguity of decision-making standards, 'professionality of a public data supply officer, low quality of public data, and lack of records and archives management.

The Current Status and Tasks of National & Public University Archives Management: Focusing on Busan and Gyeongnam Area (국·공립 대학기록관리의 현황과 과제 - 부산·경남지역 국·공립대학을 대상으로 -)

  • Lee, Ju-Yeon
    • Journal of Korean Society of Archives and Records Management
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    • v.8 no.1
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    • pp.167-187
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    • 2008
  • This study examines the current status of national & public university archives management, focusing on Busan and Gyeongnam area. Because national public universities create public records, they must compulsorily execute the law, Public Records and Archives Act. However revised Public Records and Archives Act isn't reflected the peculiarity of university archives and the national and public universities are to be transferred to government archive. The records and archives of universities had better be preserved in universities themselves in order to use university member and other users. This paper points out the problem of university archives management and finalizes with some suggestions for national public university archives related to the systematic and efficient archives management.

A Study on the Records and Archives Management System in Japan : Focusing on the Electronic Public Documents Management (일본의 기록관리 제도 연구 법령과 전자공문서 관리를 중심으로)

  • Yi, Kyoung Yong
    • The Korean Journal of Archival Studies
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    • no.45
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    • pp.219-253
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    • 2015
  • The Records Management System in Japan has been developed to a comprehensive and unitary records management system based on the records life-cycle principle from the enactment of 'the Public Records and Archives Management Act' in 2009 and its implementation in April, 2011. The scope of objects has also been extended to documents of independent administrative institutions and specific confidential documents on diplomacy and defense. In addition, a series of Electronic Documents Management Systems have been built for the transfer of electronic records to the National Archives of Japan, which is called the Electronic Records Archives of Japan, in connection with the records and archives management systems covering creation, management, transfer, preservation, and use of electronic records. This paper deals with the core contents and characteristics of the records management system of Japan, focusing on the operational structure of the records and archives management law and electronic documents management. Firstly, The Cabinet Office and professional groups in records and archives management started to work on reformation of the records management system from 2003 and resulted in enactment of the Public Records and Archives Management Act in 2009. In that sense, the Public Records and Archives Management Act can be evaluated as a result of constant activities of the records management community in Japan for realization of accountabilities of government agencies to the general public. Secondly, the Public Records Management Act of Japan has a coherent multi-layer structure from the law, enforcement ordinances, guidelines, and to institutional documents management regulations in the operational system. This is a systematic structure for providing practical business units of each administrative agency with detailed standards on the basis of guidelines and making them to prepare their own specific application standards related to their unique businesses. Unlike the past, the National Archives of Japan became to be able to identify specific historial documents which should be transferred to the archives by selecting important historical records as early as possible after creating and receiving them in each institution through the retention schedule. Thirdly, Japan started to operate a system in regard to electronic records transfer and preservation in 2011. In order to prepare for it, each administrative agency has used EDMS in creation and management of electronic records. A Guideline for the Standard Format and Media released by the Cabinet Office in 2010 is also for the transfer of electronic records to the Electronic Records Archives of Japan. In future, it is necessary to conduct further studies on activities of the records and archives management community in Japan, relating to long-term preservation and use of electronic records.

A Study on Confidential Records Management System in Japan (일본의 비밀기록관리 체제에 대한 연구 특정비밀보호법 제정·시행을 둘러싼 논의를 중심으로)

  • Nam, Kyeong-ho
    • The Korean Journal of Archival Studies
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    • no.56
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    • pp.113-145
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    • 2018
  • Japan has enacted the Public Records and Archives Management Law from 2011 in order to prevent mismanagement of records management and to fulfill accountability to the public. However, in 2013, The Designated Secrets Protection Act was enacted before the Public Records and Archives Management Law brought changes to administrative institutions. The Designated Secrets Protection Act have raised concerns that the public's right to know and the transparency of administration are being retreated, especially the development of freedom of information and records management systems. This article analyzed the background of the establishment of Designated Secrets Protection Act and the contents of legal composition. It also identified the possibility of human rights abuse in the aptitude assessment system, the lack of independent monitoring agencies, the impossibility of internal accusations, and the possibility of wide confidentiality designation. Furthermore, analyzed how the problem affects Japanese records management and freedom of information system. Through this, I suggested the improvement of the system of the secret level records management system in Korea, the establishment of the clear purpose of the secret record management, the application of the Tshwane principle, and the establishment of the independent and professional monitoring agency.

A Study on the Records Management System through the Public Records Management Act in the United States: Focused on the Federal and State (미국 공공기록관리법(PRA)을 통한 기록관리 제도에 관한 연구: 연방과 주를 중심으로)

  • Jo, Aeran;Kim, Minkyung;Youn, Eunha
    • Journal of Korean Society of Archives and Records Management
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    • v.19 no.2
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    • pp.213-241
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    • 2019
  • This study looked at the US records management system through the US Records Management Act and derived the characteristics of US records management. The federal and state of the United States were compared to identify the characteristics within the US administrative system. Also, the composition and content of the US Records Management Act were analyzed according to the records management process. As a result, US records management has characteristics of recognizing federal and state independence, yet maintaining cooperative relations between agencies for the protection of permanent values.

An Study on the Public Records Management Act and Special Archives in Korea (공공기록물관리법과 특수기록관리제도에 관한 고찰)

  • Youn, Eunha
    • The Korean Journal of Archival Studies
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    • no.79
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    • pp.169-203
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    • 2024
  • The records managed in special archives are core records of our society produced and managed by actual power players in the decision-making process. The Public Records Management Act stipulates that the transfer period of non-public records under its jurisdiction may be extended to 30 years after the end of the year of production only to special archives, and that the transfer period may be extended if it is necessary to continue to use them for business performance even after 30 years. In order to understand the exceptional procedures and implementation of this special records management system, an analysis of not only the meaning of special records but also the characteristics, scope, and types of special records must be preceded. In addition, the implementation method of the special records maintained by the institution must be analyzed. It also needs to be reviewed. Therefore, this paper first analyzed the transfer status of special records revealed in the National Archives' white paper and statistical data and examined the types, categories, and characteristics of special records and special archives. Second, we reviewed the establishment of special archives by 2023 and changes in operating methods according to the organizational system.

A Study on the Introduction of the Government Agencies' Records Management Assessment System (공공기관 기록관리 평가제도 도입방안)

  • Lee, Young-Sook;Cheon, Kwon-Ju
    • Journal of Korean Society of Archives and Records Management
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    • v.6 no.2
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    • pp.27-56
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    • 2006
  • According to the Public Records Act, the actual conditions of Government Agencies will be assessed by the concept of 'Assessment' not by 'Instruction and Checking'. In this Study, before adopting a new National Assessment of complying with Records Management, on the basis of the analysis of current 'Instruction and Checking' and other Countries' system which will be able to the model of our new system, we suggest that a Assessment system which will play a role to fulfill and spread the Public Records Act and Records management Standard in this nation's public sector.

A Study on the Use and Protection of Copyrights in Public Archives (공공기록물의 이용과 저작권보호에 관한 연구)

  • Si, Kwi-Sun
    • Journal of Korean Society of Archives and Records Management
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    • v.9 no.2
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    • pp.159-188
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    • 2009
  • In the midst of computerization and digitization of the archives, the way of use and the need of users to use the public archives has been changed and expanded. It draws concerned party's attention to the copyrights in the public archives and the protection of the copyrights of the public archives. This study examines the exiting copyright laws in Korea and some foreign countries, interprets the laws, and presents legal implications when the laws are applied to the public archives held in the National Archives of Korea(NAK). The public records are "literary works" and their copyrights are to be protected. Most of the public archives held in the NAK are also "creative works" which are the presentations of thoughts and feelings of the individuals, the records creators in the public agencies. The holder of the copyrights of the archives is not the NAK, but the agency which created the archives, such as the central government and local governments. To promote the use of public archives, we need to expand the public domain in the public records and archives and the fair use of the archives. To do this, I suggest to amend and complement the Copyrights Act, the Pubic Records/Archives Management Act, and the Opening Records in the Public Agencies Act(FOIA in Korea). The establishment of a coordinating body dealing the copyrights in pubic record and archives is strongly recommended. The coordinating body will provide guidelines on protecting copyrights and expand the fair use and the public domain of the public archives.

Functions and Roles of Local Public Archives (「지방기록물관리기관」의 기능과 역할)

  • Gi, Su-gol
    • The Korean Journal of Archival Studies
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    • no.3
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    • pp.3-32
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    • 2001
  • In this paper, local public archives is referred to the public archives of provincial governments and metropolitan city governments as defined in the public Records Management Act. Under the Act, as professional archives, the local public archives preserves records designated as permanent preservation which the local government and its sub-agencies created or received to conduct public business. The Act also allows local public archives to establish an appropriate basic plan to manage its holdings as well as to oversight its sub-agencies. The Act stipulates that the local public archives are to be established in all provinces and metropolitan cities. The local public archives shall preserve archival heritage safely and utilize use of the recorded information as defined in the Article one of the Act. The local archives shall respect the principle of provenance. It is expected that the local archives shall strengthen local archival promotion campaigns which necessarily reflect unique local circumstances. However, as the Act just recommended the establishment of local public archives not to force as a mandatory procedure, it resulted in a flow of some confusions and misinterpretations. Despite the act was proclaimed two years ago, the local public archives are not yet established, not to mention that no preparatory works are on the way. To establish the local public archives effectively which meet local residents needs and demands, provincial governments and metropolitan city governments should proceed a well-prepared preparatory works plan considering the steps to transform them into the local public archives when they establish agency records centers. The first step in this process is to reach at a common consensus on the functions and roles of the local public archives which accommodates local residents needs and demands. Secondly, by analyzing the functions of archives to be established, an estimation of needed human resources, facilities, equipments, organization, budget appropriation, and local rules should be performed. Otherwise, the establishment of decent local archives is a far remote future. One of the methods to proceed this project systematically is to establish a local research institute for the local archives and cultural studies which would be put under the local university authority while consulting with local governments, local civil organizations, local historical and cultural societies. It is very undesirable to stress too much upon administrative efficiency when concerned parties discuss the functions and roles of the local public archives. They must keep in mind that when the functions to collect and use historically valuable records are active then administrative efficiency can be raised as well as accountability. Collecting and arranging historically valuable records is a short-cut way to promote accountability and develop local political culture. The local public archives is a valuable community historical center and an effective medium to facilitate historical speaking and writing among local people, something more than a simple public archives. Then our campaign for the establishment of local public archives can be a meaningful political cultural movement.

Plan to Improve the System According to the Change of Records Preservation Place : Focused on the Regulation for Public Records (기록물 보존장소 변경에 따른 제도개선 방안 공공기록물법령을 중심으로)

  • Lim, Jin-su
    • The Korean Journal of Archival Studies
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    • no.63
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    • pp.269-299
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    • 2020
  • It becomes possible to conserve and manage the records also which the Head of Archives(National Archives of Korea) designated at the Records Center(Special Records Center) based on the amendment of the Article 30 of the Enforcement Ordinance of the Public Records Management Act on Nov. 2014. However, the right for the decision for above is given to the National Archives of Korea and other operation and preservation management system different with existing ones such as that relevant Records Centers prepare preservation countermeasure of subject for the amendment and additionally perform all sorts of works about the management should be prepared when the amendment treatment is executed. However, there is only the contents about the change of the preservation place is regulated in the Enforcement Ordinance of the Public Records Management Act and no legal basis to support the repositories for these change, so additional improvement is necessary. In this paper, present condition of preservation place change of the National Archives of Korea and the operation condition of relative records centers and suggest the supplementary and improving items with the Public Records Management Act.