• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.177-214
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• 2016

During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

• The Korean Journal of Archival Studies
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• no.27
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• pp.35-88
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• 2011

This study suggested the methods of record management for the heads of local government, which would be the most valuable among local records. In order to conduct a systematic record management for the heads of local government, this study suggested the methods of establishing a record management system regarding regulation arrangement, production registration, preservation, utilization and services. First of all, in order to estimate the record category of the heads of local government, the study examined the duties of the offices of the deputy heads of local government, secretary's offices and information offices, which have been subsidiary & assistance branches in charge of producing the record. In addition, it investigated the present conditions of record management for the heads of local government through the interviews with secretary offices and information offices belonging to 16 cities and provinces and the claims for information disclosure and found out the following problems. They included incomplete record production, non-registration of produced records, abolition of records and taking them out of designated places with due notice, record preservation period regardless of the term of the heads of local government, varied preservation period for the records of the heads of local government by local self-government, short preservation period of primary records and non-management of home pages after the term of the heads of local government. To solve such problems, the study suggested the regulation arrangement for record management and a record management system. The regulation arrangement could be obtained through the establishment of the administrative organization setup condolence etiquette enforcement regulation and the recorders in local government and the revision of operation rules and through the revision of the reference plan for operation rules enactment of recorders from National Archives of Korea. As for the record management system, the study suggested the establishment of production, registration and preservation system of records for the heads of local government and the utilization and services of their records. In order to produce and register the records, the unit assignments should be founded by department in charge of the duties related to the records of the heads of local government on record management criteria, thus letting the staff surely produce and register the records. In terms of utilization and services of the records, the study suggested the use of websites and drawing up the record list, through which each record viewer would be able to figure out which records have been managed through the list services and which services could be given to the residents, thus letting the residents and the heads of local government who finished their term of duties use the records.