• Title/Summary/Keyword: Korean Archives Law

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A Study on the Copyright Infringement of Parody Advertising -Focus on the Precedent of U.S.A copyright infringement- (패러디 장고의 저작권 해석에 관한 고찰 -미국저작권법의 판례를 중심으로-)

  • 김규철;김인철
    • Archives of design research
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    • v.16 no.3
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    • pp.133-142
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    • 2003
  • This study on parody and especially parody in advertising, deals with the basic concepts of parody in advertising, as well as copyright infringement issues highlighting the different legal interpretations in American and Korean law when dealing with indiscreet cases of parody in advertising. some suggestions are made on desirable and forword-looking solutions. Different to the acceptance of parody in the American culture, Korean law was limiting in allowing parody to be used and applied. In order to solve copyright issues concerning parody, the following points need to be addressed and analyzed; ·First, plagiarism, imitation, and the dear outline of deliberation standards about parody. ·Second, the expansion of the deliberation body aid explicit application of deliberation standards. ·Third, the trying for self-improvement of the advertising industry itself. ·Fourth, the development and advancement of consumer monitoring. ·Firth, the review of judicial precedents along with tile vocalization of the advertising industry's ideas and concepts on the matter.

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A Study on the Records Production Report of Public Institutions (공공기관의 생산현황통보에 관한 연구)

  • Hwang, Jin-hyun
    • The Korean Journal of Archival Studies
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    • no.37
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    • pp.145-188
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    • 2013
  • The purpose of production status report is figuring out the amount of records produced by departments and record centers and establishing plans for transfer and collect of archives. These are the main functions of production status report clarified by Public Records Management Act. Production status report is introduced as the means to control the record management in public institutions which lack the understanding of the record production and management. Up to now, public institutions carry out production status report. However, it only has been done as a formal procedure and records collected unsurely transfer to Archives. The implementation of production status report does not accord with the original purpose. In addition, there are different views about the appropriateness of production status report. Record managers in the field, the researchers who made efforts to state production status report in the law and the archives did not reached the agreement of opinions yet. The objective of this study is not to judge whether production status report is of importance or not. Although its significance is controversial, it's one of the most important record management tasks and it stands the position as the distinct method in Korea. Nonetheless, the issue that production status report lacks efficiency in the field due to the lack of support of forms and systems brings up continuously. Thus, I evaluated current functions of production status report and proposed future improvements so that it accomplishes its original intent and support users in the field.

Archival Meaning of Legal Evidence (법적 증거의 기록학적 의미)

  • Seol, Moon-won
    • Journal of Korean Society of Archives and Records Management
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    • v.22 no.1
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    • pp.219-235
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    • 2022
  • This study aims to analyze how the concept of legal evidence has influenced the principles of records management and investigate its meaning and limitations from the perspective of archives. To this end, it outlined how the methodologies of judging the trustworthiness of records as evidence have changed from Roman Law to modern legislation. In addition, the archival meaning of the historical development was analyzed in the following aspects; i) What was the main framework applied to judge the trustworthiness of records? ii) What characteristics did they think records as legal evidence should have? iii) What types of records were the main management targets, and how did they recognize the relationship between records and reality? Based on these analyses, the meaning and limitations of the records management that values legal evidence were presented.

The characteristics of Records Management Policy during Participation Government(2003~2008) (참여정부 기록관리정책의 특징)

  • Lee, Young-Hak
    • The Korean Journal of Archival Studies
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    • no.33
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    • pp.113-153
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    • 2012
  • Since the government of Republic of Korea was established in 1948, a period that made the biggest difference on National Records Management System was from 1999 when was enacted. Especially, it was the period of President Roh's five-year tenure called Participation Government (2003-2008). This paper illustrates distinct phenomena of Records Management System Policy during Participation Government. Three major agents of the system are President Roh, the Presidential Secretariat, and Archives Management Bureau at the National Archives of Korea. They sometimes competed with themselves for initiatives of policy, but they used to cooperate with each other and have brought about innovations on records management. The first distinctive characteristic of Participation Government (below PG)'s records management is that it implemented governance actively. That is, it tried to listen carefully to all opinions of interest organizations related to records management and enacted laws based on those. The PG not only listened to civic groups, but also created two professional groups called Records Management Innovation Expert Committee and Innovation Decentralization Assessment Committee. Those two groups enacted . Another remarkable feature is a nomination of records management specialists at public institutions. In 2005, PG created Archival Research Positions among research public officials and appointed experts in the field of Archival Research History at central department. With the process, the government tried to provide public records management system and to improve specialty of records management. Since then, records management specialists were employed not only at local governments but also at private archival institutions. It has allowed of entering a new phase in employing records management professionals. The Participation Government also legislated (completely revised) . It led to a beginning of developing records management in Republic of Korea. was revised thoroughly for the e-Government period and was established as a foundation for managing presidential records. An establishing process of a country's records management system describes the degree of democratic development of society. Following governments should supplement PG's shortcomings and carry out 'New Governance Records Management System'. Principal subjects of records management system should include not only a government but also civic groups, local governments, small businesses, and academic professionals. The object of records management also needs to be democratic by recording not only the plans and enforcements of a task but also influences and results of a task. The way of archiving ought to be discussed by all related principals.

Postoperative Contralateral Blepharoptosis in Patients with Unilateral Blepharoptosis and Negative Hering's Law Dependence Test (헤링씨 법칙 비의존성 단안성 윗눈꺼풀처짐증 환자에서 수술 후 생긴 건측의 눈꺼풀처짐증)

  • Ha, Won Ho;Lee, Yong Jig;Park, David Dae Hwan;Han, Dong Gil;Shim, Jeong Su
    • Archives of Craniofacial Surgery
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    • v.14 no.1
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    • pp.36-40
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    • 2013
  • Background: Correction of unilateral blepharoptosis is unexpectedly difficult because healthy eye is often affected by Hering's law. Methods: We measured changes of marginal reflex distance (MRD1) on the unaffected eyelids between preoperative and 3-month postoperative photographs after ptosis correction. This study analyzed 134 unilateral blepharoptosis patients with ptosis correction from February 2002 to February 2011. Fifty patients among them were negative in Hering's law dependence test. From the preoperative and postoperative photographs the MRD1 of unaffected upper eyelids were measured and adjusted with the average pupil diameter of Koreans. Mean age was 34.4 and male was 30 and female was 20. Average follow-up periods were 14 months. Results: Thirteenth unaffected eyes (26%) showed decreased MRD1, and 3 patients (6%) showed decreased MRD1 value over 1.0 mm. Then 3 patients needed additional operations for correction of preoperatively unaffected but ptotic eyelids. Conclusion: There were no meaningful data statistically in the value of MRD1 in every unaffected eye of the patients and in the difference between preoperative and postoperative MRD1 of groups divided according to severity, causes, and types of operation.

Legal Deposit and Preservation of Digital Materials in Various Countries (디지털자료의 납본과 보존을 위한 각 국가의 노력)

  • 서혜란
    • Journal of the Korean Society for information Management
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    • v.20 no.1
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    • pp.373-399
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    • 2003
  • Legal deposit system is an essential tool for a national library to ensure the preservation and access to a nation's intellectual heritage over time. Substantial amounts of digital materials of national cultural value are already being published. There is a global trend towards extending legal deposit to cover digital materials in order to maintain comprehensive national archives. This paper gives a progress report of some countries around the world whose legal deposit laws have already updated or are under revision. Some strategies are suggested for the digital collection building of the Korean National Digital Library which will open in 2008.

A Case Study on the Service Programs at the Presidential Library and Museum (대통령 기록관의 서비스 프로그램 사례 연구)

  • Jo, Min-Ji
    • Journal of Korean Society of Archives and Records Management
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    • v.6 no.2
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    • pp.157-184
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    • 2006
  • Presidential records which have produced during a presidency as a national center are the evidence of the presidency and main historical records. We have the responsibility to establish fundamental systems to produce such main historical records and to manage such main historical records which could help people and history to judge the presidency based upon the evidence of their activities. The historical appraisal could be achieved not by memory but by evidence. A draft of a proposed law on the management of presidential records which includes the establishment of presidential libraries for the presidential records Mecca is being moored at the National Assembly now. The presidential library is to be considered as a multi-functional national institution which is carrying out the role as an Archives, Museums and Center for the education. In addition, it is imperative for a presidential library to provide user-oriented services to enrich the usability and the value of records, recognizing the change of administration paradigm from a supplier-oriented system to a customer-oriented system. This dissertation, in order to develop presidential library service programs focusing on customers rather than the convenience of administration, reviewed programs of the U.S. presidential libraries as a developed case and proposes guidelines and applicable samples for the development of the Korean presidential library service programs.

A Study on the Concept of Records-Archives and on the Definition of Archival Terms (기록물의 개념과 용어의 정의에 관한 연구)

  • Kim, Jung-Ha
    • The Korean Journal of Archival Studies
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    • no.21
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    • pp.3-40
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    • 2009
  • It has passed ten years since modern records and archives management in our country launched. During times, it has dramatically developed in the fields of law, institution and education. However a study on the definition of records and archives was non be studied enough compared to development of various research fields. In fact the reason why study on the definition was non fulfilled is that some aspects such as historical, informational, archival perspective have been coexisting without order in Korea. This situation is the biggest barrier that archival science is to a disciplinary field. Historically, 'archivium' in Latin language had developed in starting of its means place, then whole entity of documents and those organic relations. In this point, archives is rigidly separate to material of Historical science which covers all of recorded. Unlike information which is produced in the process of intended themes and following its outputs like books, documents in archival science is made in the natural process of work. In addition, historical archives which finished the current and semi-current stage and transfer to the institute of permanent conservation after the process of selection so that it is historical and cultural value to satisfy its purpose of making. This changed trend is based on the Second World War and necessity of North American society which needs to effciency and transparency of work. In Korea, records and archives management has been dominantly affected by North American society and become a subject of not arrangement but of classification, not of transferring but of collection. It is also recognized as management of on formation on the all recorded or documents not as an whole documents and all organic relations. But the original type of recognition is the only technology, it cannot have dignity as a field of science.

A Study on the National Assembly's Electronic Records Management: Focused on the National Assembly Archives (국회 전자기록물 관리체계 개선방안에 관한 연구 - 국회기록보존소를 중심으로 -)

  • Jeong, Tae-Young;Kim, You-Seung
    • Journal of Korean Society of Archives and Records Management
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    • v.12 no.1
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    • pp.141-165
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    • 2012
  • Since 'the National Assembly Electronic Document System' was introduced in September 2004, the amount of electronic records production in the Nation Assembly has been on a rapid increase. The number of electronic records which 'the National Assembly Records Management System' took over until September 2011 is '240,000', 72% of the total transferred records. However, the National Assembly's electronic records management has a number of serious problems concerning electronic records long-term management and preservation. In the context, this study aims at discussing alternative strategies for effective management and preservation of the Nation Assembly electronic records. In the theoretical aspect, it reviews 'parliament records' definition and management trend. As a case study, it explores the present state of 'the National Assembly Records Management System' ranging from legal aspects to technical aspects. Based on these researches the study critically analyzes the Nation Assembly's electronic records management in comparison with overseas cases. As a result it provides alternative plans of four major areas, including law, management body, management object and technical system, to improve the National Assembly's electronic records management.

The Collection and Transfer of Public Records and the Role of the Archivist (공공기록물의 수집·이관과 아키비스트의 역할)

  • Lee, Won-Kyu
    • The Korean Journal of Archival Studies
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    • no.2
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    • pp.3-48
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    • 2000
  • The collection and transfer of records is a very basic stage in the whole process of records and archives management. However they are regarded as an non-professional art of work in records management that are performed easily by everyone. Therefore they have been treated not properly in the scholarly discussion of archival sciences in Korea. The collection and transfer of records play an active role in the making of effective administrative system, in accumulating and sharing the knowledge and informations of political, economical, social and cultural values. On the basis of proper collection and transfer of records our democracy can operate regularly and our daily experiences can be preserved as historical resources. For the optimal-functioned collection and transfer of public records the archivists for this task must have a comprehensive understanding of whole process of records management and possess suitable professional skills. Moreover there are many sorts of preliminary works needed for this task, as follows: an accurate defining of administrative organizations and their tasks, thorough understanding of records management institutions on their own competence and ability, and the establishment of technical standards for their tasks. Additionally the archivists are able not only to consider the present informational and evidential values of the records, but also the historical values. It can be said that the collection and transfer of records is a "synthesis of records management skills" exerted by an archivist. According to the newly established law of public records management, the collection and transfer of public records must be registered at first electronically. Through this procedure the whole contents of produced and transmitted records, which are to be transferred, can be reported in detail. By means of this report the archival institutions and the archivists can trace back the each items of records(archives) and the result of their arrangement to identify a certain object. There are also new storage strategies employed to increase the whole sum of stored informations, i. e. records and archives, in spite of reducing the storage costs. It will be achieved by differentiations of the preservation methods for each sorts of records by the criteria of storage-period, -place, and -method. Many supplementary methods are also prepared to help the collection of important records(archives) in a complete structure and form. To let this new concept and system of collection and transfer of records operate properly, a number of professional archivists should be posted in the needed places throughout the whole administrative body. Their training must be also updated for the newly defined task of collection and transfer of records.