• Title/Summary/Keyword: Public records law

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A Study on Records management system under enforcement of The Public Records and Archives Management Law in Japan (일본의 공문서관리법 시행에 따른 기록관리 체제 검토)

  • Nam, Kyeong-ho
    • The Korean Journal of Archival Studies
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    • no.30
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    • pp.205-247
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    • 2011
  • The Public Records and Archives Management Law was enacted on June 24, 2009 and was in effect in April 1, 2011. This Act is different from existing Public Archives Law and National Archives Law. Before enacting Public Records and Archives Management Law, Public Archives Law and Information Disclosure Law was the backbone of Japanese Public Records management system. Public Archives Law is composed of management and access for non-active records in Public Archives. Information Disclosure Law is prescribed management of active-records in administrative agency. Public Records and Archives Management Law is the first comprehensive law of managing administrative records including historical records (nonactive-records). The law is prescribed that the public records and archives are intellectual resources shared by citizens and allows people to have more access to them. The law states that public records is basis of democracy and accountability for current and future generation. This article analyzed the relationship of law and its implementing ordinance and Guideline of administrative public records management, and analyzed the law and record-schedule. Furthermore, this article examined significance of the law and democracy, administration's transparency. In accordance with enacting the law, Japanese Public Records Management System will develop. and we must pay close attention to that situation.

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.

Challenges and Directions for Reforming Public Records and Archives Act in Korea (공공기록물법 개정을 위한 방향과 과제)

  • Hyun, Moonsoo
    • The Korean Journal of Archival Studies
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    • no.54
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    • pp.289-310
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    • 2017
  • This study aims to propose task areas which have to be discussed for reforming of the Public Records and Archives Act in Korea. For drawing the task areas, it analysed the pending issues mainly presented in the policy forums co-hosted by Korean Society of Archival Studies and Korean Association of Records Managers and Archivists, and examined researches providing tasks of revising of the law or rebuilding public records policies related in digital records management. The 4 task areas were identified, which were the exhaustive documentation of the public agencies' activities, the reexamination of the appraisal systems for public records and archives, the transition into the 2nd generation-digital records management, and the redefinition of roles and responsibilities of the records/archival institutions. Then it placed the issues into the 4 areas, and proposed some suggestions for further discussions in each tasks. Reminding that the task areas proposed in this study are not comprehensive, further suggestions and arguments will be expected for reforming the Public Records and Archives Act.

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.

Improvement of Contemporary Records Management System of Korea(1969-1999) (한국 현대 기록관리 제도의 정립(1969-1999))

  • Jeon, Hyun-Soo
    • The Korean Journal of Archival Studies
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    • no.15
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    • pp.39-66
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    • 2007
  • The period from 1969 to 1999 is characterized as the rimes of radical reform in contemporary records management system of Korea. First, National archives was organized and it's function has been upgraded. Second, regulations of records management were established, revised, and integrated into a regulation of office management. Records disposition schedule was set up. The last, public records law was established. According to this law National archives was reorganized such as the national center of archival institutions. Principles of registration, classification and compilation, based on the principle of provenance, were established and the system of archivist was introduced.

A Study on Local Records Management in Japan : Focusing on the Enactment of Records Management Ordinance and the Improvement of Archives (일본의 지방기록관리 연구 기록관리 조례 제정과 아카이브 정비 사례를 중심으로)

  • Yi, Kyoung Yong
    • The Korean Journal of Archival Studies
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    • no.50
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    • pp.389-423
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    • 2016
  • This paper aims at examining the local records management under the influence of the Public Archives Act established in 2009 through a case study of prefectures and large cities with prefectural level dominions in Japan. The records management in local government has been carried out on the basis of 'the document management rule' in administrative agencies without the public archives management law. Modification of laws and ordinances in relation with records and archives management and reorganization of archives are proceeding to realize 'proper records management' in local government. Even if the content and levels are varied due to the situational conditions of local governments, the unitary records management system covering 'current and non-current' records is being adopted through the establishment of records management ordinances. In the process, local archives are pursuing strengthening and extension of their authorities and functions on records management. In addition, it is identified that observation of the provisions of records management ordinance is reinforced with public announcement of retention schedule and operation of public records management committees. These changes in local governments reflect the thought that administrative records are the intellectual property of the public and the intent of the law that accountability for the public should be achieved through the proper records management.

The Role and Function of the Managing Agency of Presidential Records (대통령기록 관리기구의 기능과 역할)

  • Kwak, Geon-Hong
    • The Korean Journal of Archival Studies
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    • no.4
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    • pp.3-30
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    • 2001
  • It is clearly stated in the current records law that presidential records should be collected and kept. Despite of the significance of this regulation it is also undeniable that there must be some preconditions for the enactment of this legal regulations. First, it needs the compatible device for promoting the production of presidential records. Second, it must be considered that presidential records should be selected and transferred from the Committee for taking over presidency. And last, we are confronted by the problem of establishing presidential archives. After all, from the starting point we should overcome a number of serious problems for the administration of the presidential records. In this article I tried to discuss these problems and to make some suggestions for the solution of these problems. In my opinion, revision of the records law is in some points necessary. Basic principle of management of presidential records must be discussed for the revision and enactment of 'presidential archives and presidential records law'. Just several problems concerning managing agency of presidential records are pointed out here. Presidential records have important historical values. The government must be responsible for the preservation and sound management of them. The citizenship also must support the reform of the records management. It means an open and public discussion on the reform of national records management system.

A Study on Creation Improvement Approaches for Meeting Minutes as Public Records (공공기관의 회의록 생산 활성화 방안에 관한 연구)

  • Lee, Hye Jin;Chung, Eun Kyung
    • Journal of Korean Society of Archives and Records Management
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    • v.12 no.3
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    • pp.137-153
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    • 2012
  • Meeting minutes in public organizations are crucial in the process of decision making in terms of accountability of records. The purpose of this study aims to provide a set of solutions in terms of improving the creation and management of meeting minutes in context of public records. For the case studies, Government in the Sunshine Act in the United States of America, Cabinet Handbook in Australia, and the law on Public Records in Korea are comparatively analyzed. As of 2012, fifty four designated meetings for minutes are administrated with a questionnaire survey. Based on the data analyses on the case studies and responses from designated meetings, three apsects in the creation and management of minutes are proposed: appropriate laws and regulations reflecting the characteristics of meeting minutes, best practices and manuals, and training for creation.

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 Provisions in Line with the Free Use of Public Works in the Aspect of Archival Information Services (기록정보서비스 관점에서 공공저작물 자유이용 법제화의 의미와 한계에 대한 고찰)

  • Joung, Kyounghee
    • Journal of Korean Society of Archives and Records Management
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    • v.14 no.4
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    • pp.177-198
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    • 2014
  • This study analyzed the meanings and other details of the provisions in line with the free use of public works introduced through the Copyright Act of Korea in Dec. 2013 in the aspect of archival information services and indicated the limitations as follows. First, not all institutions shall follow the provisions because it does not cover all institutions under the Law of Records Management in Korea. Second, even though most of works made for hire in state institutions, local governments, and public institutions are not yet made public, to enable a work to be made public is a requisite for public works to be used for free. This is to limit the scope of public works. To solve the problems, this study suggested the revision directions of the Copyright Act of Korea that every school, which creates works made for hire, are covered in the institutions that enable the free use of works and change the requisite to make a work public for the disclosure the information. This study also suggested that the element for copyright information shall be created in the records schedule for public institutions and metadata standard for records management. The copyright information shall also be described when the records are registered.