• 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 Journal of Korean Medical History
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• v.23 no.1
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• pp.105-113
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• 2010

Seungjeongwon Ilgi["承政院日記"], the Diaries of Royal Secretariat of the Joeson Dynasty is the most massive compilation of records in Korean history. Medical records in Seungjeongwon Ilgi have been studied but the procedures of clinical discussion[議藥] have not yet been studied. In this paper, main agents of clinical discussion, formation of participant doctor system, particularity of clinical discussion in Royal Court and problems derived from it will be discussed. Main agents of clinical discussion were court doctors[內醫], royal doctors[御醫] and participant doctors[議藥同參]. The king himself decided ultimately as a matter of form. Head of the Medical Dpt. of the Palace[藥房都提調] was in charge of attending to king, but head of the court doctor[首醫] led the actual discussion of deciding treatment. The Medical Dpt. of the Palace[內醫院] was divided into three sectors-court doctor division, acupuncture doctor division and participant doctor division. Palace doctors payed a great attention to avoid serious error. This tendency led them occasionally to passive management. Sometimes aggressive treatment is needed in the course of treating disease, but palace doctors tended to choose slow and gradual methods. It induced minor conflict between palace doctors and participant doctors from outside palace, because doctors from outside palace subordinated effectiveness. Their opinion had not been always recognized by court doctors. However, their role was meaningful because they provided flexibility to the rigidity of clinical discussion in the palace. It is important to evaluate clinical records in Seungjeongwon Ilgi["承政院日記"]. If we have broader eye on the clinical procedure in the palace, we can estimate the value of the contents more objectively and accurately.

• 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.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.83-107
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• 2019

In order to resolve a dispute over a medical accident, the court is in the process of appraising the medical records for medical professionals to report their medical expertise or judgments using that knowledge. The consequences of expert opinion about a medical accident are only one of the methods of evidence as a reference. Therefore, in principle, the court should not be bound to the results, but the court, which is not a medical expert, can not completely rule out medical expert opinion as to whether there is medical malpractice and causality. Therefore, it can not be denied that the proportion of expert opinion of medical records in the dispute about medical accidents is high and it has an important influence on the judgement of the court. In this paper, we examine the significance and function of expert opinion of the medical accident, examine the appraising procedure of the medical records in the court and the appraising procedure of the medical accidents of the Korean medical dispute mediation arbitrator do. In addition, I would like to examine what kind of attitude is being taken in response to expert opinion of medical records in Korea to court, to examine the implications of the case of Japan as a foreign system, and to suggest improvement points in the expert opinion procedure of medical record filing in Korea. In particular, I would like to suggest improvements on issues such as the fairness of the expert opinion of medical records and the delays in litigation due to delays in the process of expert opinion.

• The Korean Journal of Archival Studies
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• no.40
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• pp.95-130
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• 2014

Three frequently used documents by researchers on the Japanese colonial period-Classified Police Records of the Japanese Government-General of korea on the Anti-Japanese Movement 舊 朝鮮總督府 警務局 抗日獨立運 動關係 秘密記錄, Trial Records of Gyeongseong District Court 京城地方法院 裁判記錄 and Filed Documents of Gyeongseong District Court 京城地方法院 編綴文書(while the latter two were collected by the National Institute of Korean History, the former was collected by Asiatic Research Institute of Korea University)-are among the same records group that the Prosecutor's Office of Gyeongseong District Court produced through registration and compilation. As contents related to ideology suppression and thought control were numerous, it could be assumed that most of the materials were produced by the 'Department of Ideology' of the Prosecutor's Office. By examining the administrative records of the 1920's within this group, the process of how the 'Department of Ideology' was formed is clearly shown. As ideological movements for Korea's independence and revolution grew, execution of regulations was further expanded by the Prosecutor's Office. Since the mid-1920's, information on ideology had been separated from general information, was routinely collected heavily, and was considered more valuable than the general information. By the end of the 1920's, the term Ideology Prosecutor 思想係 檢事(meaning a prosecutor who specializes in ideology verification) and the named 'Department of Ideology'(思想部) emerged on the records.

• 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 Society of Law and Medicine
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• v.13 no.1
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• pp.199-247
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• 2012

According to the review and analysis of medical cases that are assigned to the Supreme Court and all local High Court in 2011 and that are presented in the media, it was found that the following categories were taken seriously, medical and pharmaceutical product liability, the third principle of trust between medical institutions, negligence and causation estimation, responsibility limit, the meaning of medical records and related judgment of disturbed substantiation, Oriental doctors' duties to explain the procedures, IMS events, whether one can claim for each medical care operated by non-physician health care institutions to the nonmedical domain in the National Health Insurance Corporation, and the basis of norms for each claim. In the cases related to medical pharmaceutical product liability, Supreme Court alleviated burden of proof for accidents with medical and pharmaceutical products prior to the practice of Product Liability Law and onset the point of negative prescription as the time of damage strikes to condition feasibility of the specific situation. In the cases related to the 3rd principle of trust between medical institutions, the Supreme Court refused to sentence the doctor who has trusted the judgment of the same third-party doctors the violations of the care duty. With respect to proof of a causal relationship and damages in a medical negligence case, the Supreme Court decided that it is unjust to deny negligence by the materials of causal relationship rejecting the original verdict and clarified that the causal relationship shall not deny the reasons to limit doctors' responsibilities. In order not put burden on patients with disadvantages in which medical records and the description of the practice or the most fundamental and important evidence to prove negligence and causation are being neglected, the Supreme Court admitted in the hospital's responsibility for the case of the neonate death of suffocation without properly listed fetal heart rate and uterine contraction monitor. On the other hand, the Seoul Western District Court has admitted alimony for altering and forging medical records. With respect to doctors' obligations to description, the Supreme Court decided that it is necessary to explain the foreseen risks by the combination of oriental and western medicines emphasizing the right of patient's self-determination. However, questions have arisen whether it is realistically feasible or not. In a case of an unlicensed doctor performing intramuscular stimulation treatment (IMS), the Supreme Court put off its decision if it was an unlicensed medical practice as to put limitation of eastern and western medical practices, but it declared that IMS practice was an acupuncture treatment therefore the plaintiff's conduct being an illegal act. In the future, clear judgment on this matter should be made. With respect to the claim of bills from non-physical health care institutions, the Supreme Court decided to void it for the implementation of the arrangement is contrary to the commitments made in the medical law and therefore, it is invalid to claim. In addition, contrast to the private healthcare professionals, who are subject to redemption according to the National Healthcare Insurance Law, the Seoul High Court explicitly confirmed that the non-professionals who receive the tort operating profit must return the unjust enrichment and have the liability for damages. As mentioned above, a relatively wide range of topics were discussed in medical field of 2011. In Korea's health care environment undergoing complex changes day by day, it is expected to see more diverse and in-depth discussions striding out to the development in the field of health care.

• 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 The Korean Astronomical Society
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• v.12 no.1
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• pp.35-40
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• 1979

Astronomical records in the days of King Jeongjo of Yi dynasty, 1777-1800, are examined for solar and lunar eclipses, meteors and comets. The books used for this investigation are Sung Jeong Won Il Gi, which are the original daily records written in the court. The records found in these Sung Jeong Won Il Gi are tabulated according to the four astronomical phenomena above, and they were cross checked with the records in the book, Jung Bo Mun Heon Bi Go. Although Jung Bo Mun Heon Bi Go has most frequently been used as the original records to those who work for the ancient Korean records, the inaccuracy and the deficiency are found.