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Archives acquisition activities and rule of the colonial chosun government general (조선총독부의 기록수집 활동과 식민통치)

  • Lee, Seung Il
    • The Korean Journal of Archival Studies
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    • no.15
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    • pp.3-37
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    • 2007
  • Until now, archives of colonial era preserved in each public institution including National Archives & Records Service can be called as the results of colonial chosun government general's records management activities. However, it is a fact that only the fragment of the archives from colonial era remained in public institutions without maintaining integrity of record. Therefore, it is virtually impossible to restore operations process of the era only with current records. It is somewhat because some records were institutionally abrogated by valuation selecting standard of colonial chosun government general, but it is more likely the result of systematic destruction of documents and records upon liberation. On the other hand, although records that were being preserved by colonial chosun government general's acquisition policy escaped the systematic abrogation, the scope and target of the historical records were changed according to acquisition policy. Historical records managed by each inquiry agency of colonial chosun government general were collected to be used for fundamental information of colonial rule or compilation of Chosun history. However, archives collected by colonial chosun government general could not escape partiality as a goal for colonial rule had priority over the standpoint for recording Korean society. Although records management system of colonial chosun government general was introduced from Japanese government's system, it clearly shows colonial characteristics in the process of collecting Chosun's historical records and its use.

Legal Relations of the Contract of International Carriage of Goods by Air (국제항공화물운송계약(國際航空貨物運送契約)의 법률관계(法律關係) -화주(貨主)의 권리의무(權利義務)를 중심(中心)으로-)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.193-222
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    • 1989
  • The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

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A Study on the Promotion of Electronic Government and Plans for Archival Management (전자정부 추진과 기록관리방안)

  • Kim, Jae-hun
    • The Korean Journal of Archival Studies
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    • no.5
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    • pp.39-85
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    • 2002
  • This paper is aimed at proposing the policies for managing archives in the process of promoting Electronic Government System. Although there have been many studies of electronic government project and plans for its establishment, this research examines the electronic government system and its problems on the basis of archival science. What I acquired in this paper is as follows. The development of information technology needs great changes ranging from the nation to the individuals. It becomes common that the use of computerized program for business purposes, computerization of information materials and the effective way of search use of electronic documents. Therefore, more and more countries all over the world have been seeking to promote 'Electronic Government', which applies the fruits of the development in information technology to administration process. Recently, Korea has been rapidly entered into the 'Electronic Government' system being against the traditional way of administration. In electronic government system, the 'Life Cycle' of public records will be computerized. Therefore, it is important to change and develop along with the government's policies for 'electronic government project' in the archival management system. This means that the archival management system which have put emphasis on the textual records should be converted to electronic records system. In other words, the records management in electronic government system requires not the transfer and preservation of the records but the consistent management system including the whole process of creating, appraising, arranging, preserving and using the records. So, the systematic management of electronic records plays an important role in realization of electronic government, but it is a subject to be realized by electronic government at the same time. However, the government have overlooked the importance of archival management for long time, especially the importance of electronic records management system. First of all, this research attempts to infer limits and problems through the theoretical considerations of the existing studies for electronic government and to clear up the relations between electronic government and archival management. Based on this, I'll seek to progress the study through reviewing the present condition of archival management in the process of promoting electronic government and suggesting the policies for enhancing the successful electronic government and the construction of scientific archival management system. Since early 1990, many countries in the world have been making every effort to concrete 'Electronic Government'. Using the examples in other nations, it is not difficult to recognize that the embodiment of electronic government is closely connected with the archival management policies. Korea have completed legal and institutional equipments including the new establishment of "Electronic Government Law" to realize electronic government. Also, Korea has been promoting electronic government with the Ministry of Government Administration and Home Affairs and Government Computer Center as a leaders. Though managing records, especially the management of electronic records is essential in electronic government system, we haven't yet discussed this section in Korea. This is disapproved by the fact the Government Archives and Records Service has played little role in promoting electronic government project. There are two problems relating this environment. First, present system can't meet the consistent 'Life Cycle' ranging from the creation to the preservation of electronic records. Second, the 'Life Cycle' of electronic records is divided into two parts and managed separately by GCC and GARS. The life of records is not end with the process raged from creation to distribution. On the other hand, the records are approved their value only whole procedures. Therefore, GARS should play a deading role in designing and establishing the archival management system. The answer to these problems, is as follows. First, we have to complete the electronic records management system through introducing ERMS not EDMS. This means that we should not change and develop towards ERMS simply with supplementing the current electronic records management system. I confirm that it is important and proper to establish ERMS system from the very beginning of the process of promoting electronic government. Second, I suggest the developmental integration of GARS and GCC. At present, the divided operations of GCC and GARS, the former is in charge of the management center for electronic business and the latter is the hub institution of managing nation's records and archives result in many obstacles in establishing electronic government system and accomplishing the duties of systematic archival management. Therefore, I conclude that the expansive movement towards 'National Archives' through the integration among the related agencies will make a great contribution to the realization of electronic government and the establishment of archival management system. In addition to this, it will be of much help to constitute and operate the 'Task Force' regarding the management of electronic records with the two institution as the central figures.

Value and Prosect of individual diary as research materials : Based on the "The 12th May Diaries Collection" (개인 일기의 연구 자료로서의 가치와 전망 "5월12일 일기컬렉션"을 중심으로)

  • Choi, Hyo Jin;Yim, Jin Hee
    • The Korean Journal of Archival Studies
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    • no.46
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    • pp.95-152
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    • 2015
  • "Archives of Everyday Life" refers to an organization or facility which collects, appraises, selects and preserves the document from the memory of individuals, groups, or a society through categorizing and classifying lives and cultures of ordinary people. The document includes materials such as diaries, autobiography, letters, and notes. It also covers any digital files or hypertext like posts from blogs and online communities, or photos uploaded on Social Network Services. Many research fields including the Records Management Studies has continuously claimed the necessity of collection and preservation of ordinary people's records on daily life produced every moment. Especially diary is a written record reflecting the facts experienced by an individual and his self-examination. Its originality, individuality and uniqueness are considered truly valuable as a document regardless of the era. Lately many diaries have been discovered and presented to the historical research communities, and diverse researchers in human and social studies have embarked more in-depth research on diaries, their authors, and social background of the time. Furthermore, researchers from linguistics, educational studies, and psychology analyze linguistic behaviors, status of cultural assimilation, and emotional or psychological changes of an author. In this study, we are conducting a metastudy from various research on diaries in order to reaffirm the value of "The 12th May Diaries Collection" as everyday life archives. "The 12th May Diaries Collection" consists of diaries produced and donated directly by citizens on the 12th May every year. It was only 2013 when Digital Archiving Institute in Univ. of Myungji organized the first "Annual call for the 12th May". Now more than 2,000 items were collected including hand writing diaries, digital documents, photos, audio and video files, etc. The age of participants also varies from children to senior citizens. In this study, quantitative analysis will be made on the diaries collected as well as more profound discoveries on the detailed contents of each item. It is not difficult to see stories about family and friends, school life, concerns over career path, daily life and feelings of citizens ranging all different generations, regions, and professions. Based on keyword and descriptors of each item, more comprehensive examination will be further made. Additionally this study will also provide suggestions to examine future research opportunities of these diaries for different fields such as linguistics, educational studies, historical studies or humanities considering diverse formats and contents of diaries. Finally this study will also discuss necessary tasks and challenges for "the 12th May Diaries Collection" to be continuously collected and preserved as Everyday Life Archives.