• Journal of Korean Society of Archives and Records Management
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• v.10 no.1
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• pp.31-53
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• 2010

This paper historically examines how the management system of administrative records and court records generated in court were established, and what it's features are. Because the court exercises jurisdictional rights such as confirming the legal rights and responsibilities of Korean nationals, the court records have a unique characteristic compared to general administrative records. In particular, court records are not composed only of rulings generated in courts, but also of various records such as civil case records and criminal case records. In order to understand the legal records management system, we must first identify the method of preservation and management after these records, which have different provenance, pass the court procedures.

• The Korean Journal of Archival Studies
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• no.58
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• pp.225-262
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• 2018

The purpose of this study is to examine the current situation of the judicial records management by paying attention to the lack of relevant research despite the specialty and importance of the judicial records. This study indicates there is much room for improvement. In order to define the judicial records, we first classify the kinds of judicial records produced according to the functions performed by the court. And we inspect how the records are managed and how the judicial records management is operated. We identified the legal and institutional aspects of court records management. Based on this, problems such as lack of records center, lack of records manager, and redundant management of records belonging to court records were derived. As a way to improve this, We proposed the establishment of the archives, the expansion of the records manager or archivist, and the integrated management of the records management institutions.

• The Korean Journal of Archival Studies
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• no.3
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• pp.91-113
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• 2001

History always be re-interpreted as the time flows. 'The Sillok', Which was registered in Memory of World of UNESCO in 1997, is comprehensive documents of the Chosun Dynasty, which had been compiled after kings' death, The Sillok encompasses 473 years of the reign in their 848 volumes(1,893 chapters). It was a history itself and has been main source in studying Korean history. Due to the rise of studies on the Sillok, time has come to explore the nature of the Sillok and to criticize the text, which would be called 'The Sillok-Study'. In this context, this paper examined three concepts that categorize the nature of the Sillok as historical materials ;Is it book or record?; The Sillok in register system in pre-modern society; And the Sillok as the National Archives. Korean historians, including myself, haven't yet examined the question whether the Sillok is the Book or Record in terms of archival science. At first, I regarded it as history book, and with this presupposition, wrote several papers on the characteristics of the Sillok. However, I recognized that the Sillok are close to record rather that history book as I examined the definition of glossary of librarian study, OED (Oxford English Dictionary) and Encyclopedia of Britannica, etc. Definitely, the Sillok was neither compiled and published to be read and sold publicly, nor meant to the works of literature or scholarship. one may say that the court-historians wrote comments on the facts and therefore it was just scholarly work. However, because the court-historians produced their comments on their own businesses, the outcome of 'their scholarly works' were also records conceptually, as were daily court-journalists in Rome. Its publication also had a absolutely different meaning from that of modern society. It was a method to preserve the important national records and distributed each edition of them to plural repositories for its safety and security. How can we explain its book-like shape and the procedure of compilation after a kings' death. The answer is as follows ; In pre-modern society, it was a common record-keeping system in the world to register records materials in order to arrange the materials of different sizes and to store them conveniently. And the lack of scientific preservation or conservation skill also encouraged them to register original records. Actually, the court-historians who participated in the compiling process called themselves "registering officers". On the other hand, similar to social hierarchy, there was a hierarchical system of records, and the Sillok was placed at the top of this hierarchy. In conclusion, the Sillok was a kind of registered records in the middle ages and the supreme records in the records-world. In addition to this we can also conceptualize the Sillok as archives. Through the compiling process, the most important and valuable records were selected to be the parts of Sillok. This process corresponds to the modem records appraisal. In the next step, it was preserved in the Four Archives(史庫) which located at remote site as archives and only accessible by the descendents in the future, who might be the people of the next dynasty. And nobody could access or read the documents at that time except the authorized court-historians who were archivists of the Chosun Dynasty. From this perspective, I conclude that Sillok was the supreme confidential archives in the register system. I work for the Government Archives as a historian and archivist. Whenever I entered the exhibition hall of the Government Archives and Records Service(GARS) and saw the replica of the Archives of Taebeak Mountain built during Chosun period, I always asked to myself a question whether the Sillok can be a symbol of the archival tradition of Korea and the GARS. Now, I can say, 'Yes!' definitely.

• Journal of Korean Society of Archives and Records Management
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• v.19 no.2
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• pp.77-107
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• 2019

This study aims to analyze the current state of the operation of the information disclosure system in the judiciary of Korea to identify problems and suggest ways to provide more effective and substantive requests for information disclosure in the future. To this end, we reviewed the court's information disclosure claims process from 2007 to 2017 using the data published in the judicial yearbook and the data charged to the court information disclosure system of Korea. Results showed the different processes according to the person in charge, the high withdrawal rate, the complaint response rate, and the trend of the information nonexistence as the common problems. To solve these issues, we proposed to improve the various claims system, strengthen the education of the information disclosure claimant, publish the manual, and expand the provision and original text of information in advance.

• The Korean Journal of Archival Studies
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• no.43
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• pp.103-145
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• 2015

This study is intended to examine the present condition and management of Korean civil litigation between 1895 and 1905, during which the traditional korean legal system had undergone a significant reform until it was finally incorporated into the Japanese colonial counterpart. Civil litigation is important in historical archiving, in that we can understand archiving over time, the governing structure and our national identity. However at times we are not able to use them practically. The ultimate goal of preserving and maintaining the archives is to use them practically. The effective use of archives should be supported by their systematic management and access to a high standard. Therefore, the second main theme of this study is to propose to unveil civil litigation to the public for professional studies. Firstly, we should make a list of civil judgments from a management perspective. Secondly, we should inform people of the civil justice rulings through publicity activities such as contents creation, exhibition, documentary creation, education and so on. Thirdly, the historical archives of the civil litigations should be preserved apart form records. Fourthly, I should propose that we offer curriculum about interpreting and understanding history archives for strengthening of our expertise. Civil judgment of Guhanmal-Japanese is invaluable as it explains the history of our culture. Results of Conservation and utilization will be a valuable resource and invaluable to study.

• The Korean Journal of Archival Studies
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• no.41
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• pp.39-73
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• 2014

This study aims to analyze the features and problems of the Korea's national records archiving system established in 1999, as well as to suggest the countermeasures. First, in Korea, permanent records are archived by the administration, legislature and judicature separately. However, around the world there are very few cases where a national archives controls the records of the administration alone, whereupon there is the need to set up an integrated archiving system regarding the records of the administration, legislature and judicature. Second, in Korea, the records archiving system leans too much towards the centrally-controlled system, which is urgent to be solved. 'Record Management Act' stipulates that all the public records, including nonpermanent ones, shall be managed by National Archives, wherewith National Archives is overburdened. Hereat, it may be desirable for National Archives to manage very important records that deserve to be archived permanently and for Record Center to archive other records, which needs to be made into law.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.23 no.2
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• pp.273-277
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• 2013

Recently, according with a sudden increase of records produced and stored by digital way, it becomes more important to maintain reliability and authenticity and to ensure legal effect when digital records are collected, preserved and managed. On the basis of domestic legal procedure law and record management-related legislation, this paper considered judicial admissibility of evidence on electronic records managed by National Archives of Korea and drew potential problems when these are submitted to court as a evidence. Also, this paper suggested a plan applying digital forensics technique to electronic records management to ensure admissibility of evidence about electronic records stored in National Archives of Korea.

• The Korean Journal of Archival Studies
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• no.38
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• pp.75-124
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• 2013

This study aims, by paying attention to the special values of records of Constitutional Court, to discuss the characteristics of them and figuring out their present state, and to suggest some measures for improvement in the records management. First of all, I defined the concept of the records of Constitutional Court and its scope, and made an effort to comprehend their types and distinct features, and on the basis of which I tried to grasp the characteristics of the records. Put simply, the records of Constitutional Court are essential records indispensible to the application of Constitutional Court's documentation strategy of them, and they are valuable particularly at the level of the taking-root of democracy and the guarantee of human rights in a country. Owing to their characteristics of handling nationally important events, also, the context of the records is far-reaching to the records of other constitutional institutions and administrations, etc. In the second place, I analyzed Records Management Present State. At a division stage, I grasped the present state of creation, registration, and classification system of records. At an archives repository stage, I made efforts to figure out specifically the perseveration of records and the present of state of using them. On the basis of such figuring-outs of the present situation of records of Constitutional Court, I pointed at problems in how to manage them and suggested some measures to improve it in accordance with the problems, by dividing its process into four, Infrastructure, Process, Opening to the public and Application. In the infrastructure process, after revealing problems in its system, facilities, and human power, I presented some ways to improve it. In terms of its process, by focusing on classification and appraisal, I pointed out problems in them and suggested alternatives. In classification, I suggested to change the classification structure of trial records; in appraisal, I insisted on reconsidering the method of appropriating the retention periods of administration records, for it is not correspondent with reality in which, even in an file of a event, there are several different retention periods so it is likely for the context of the event worryingly to be segmented. In opening to the public and application, I pointed at problems in information disclosure at first, and made a suggestion of the establishment of a wide information disclosure law applicable to all sort of records. In application, I contended the expansion of the possibility of application of records and the scope of them through cooperation with other related-institutions.

• Archives of Plastic Surgery
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• v.44 no.4
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• pp.283-292
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• 2017

Background Settlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements. Methods Data from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea. Factors that influenced the effectiveness of settlement agreements were analyzed. Results Among the 287 court precedents, there were 68 cases of covenant not to sue. Eighteen cases were dismissed because the settlement agreements were recognized as effective, and 50 cases were sent forward for judgment on their merits because the agreements were not recognized as effective. The types of surgery and types of complications were classified by frequency. We evaluated the geographical distribution of the precedents, the settlement timing, and the effectiveness and economic impact of the settlements. We found that there was no statistically significant relationship among these factors. Four major factors that made a settlement agreement legally effective were identified, and the data showed that fee-free reoperations were not considered by the court in determining the compensation amount. Conclusions When preparing a settlement agreement, it is advisable to review the contents of the agreement rather than to take the preparation of a settlement agreement per se to be legally meaningful.

• Journal of Korean Society of Archives and Records Management
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• v.21 no.1
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• pp.41-56
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• 2021

This study aims to analyze the court ruling on "Inter-Korean Summit Meeting Minutes Deletion," identify how the established requirements, concept, and scope for the records prescribed in the Public Records Management Act are applied in actual cases, and summarize the future tasks. It analyzes the "approval theory" as the point of establishment for records by the ruling means and how the meaning of approval is determined, and examines the difference between the e-jiwon System and the On-Nara System to understand the meaning of ruling clearly. Moreover, it analyzes how the "Invalidity of Public Documents Crime" in Article 141 in the Criminal Act influences record management. Based on such comprehensive case analyses, the study proposes what tasks the administrative agencies such as the National Archives of Korea and the Ministry of the Interior and Safety should perform.