• Title/Summary/Keyword: court records management

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A Study on the Court Records Management System (법원기록관리체제 연구)

  • Lee, Seung-Il
    • 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.

An Improvement Direction of Judicial Records Management System : Focusing on the Judicial Archives Center (법원기록 관리 체계의 개선방향 법원기록보존소를 중심으로)

  • Kwak, Ji Young;Kim, Ji Hyun
    • 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.

왕실의 의약(議藥)

  • Hong, Seyoung
    • 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.

Status of the Constitutional Court Records Management and Improvement (헌법재판소 기록관리현황과 개선방안)

  • Lee, Cheol-Hwan;Lee, Young-Hak
    • 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.

An Analysis of the Information Disclosure System in the Judiciary of Korea (법원의 정보공개제도 운영 현황 분석)

  • Kwak, Jiyoung;Kim, Jihyun
    • 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.

Research on Advanced Electronic Records Management Technology Using Digital Forensics (디지털 포렌식 기법을 적용한 전자기록물 관리기술 고도화 연구)

  • Yoo, Hyunguk;Shon, Taeshik
    • 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.

A Study on the Digital Material Disposal Order System (디지털자료 파기 명령 집행절차에 대한 연구)

  • Kim, Tae-Sung;Lee, Sang-Jin
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.27 no.4
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    • pp.863-872
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    • 2017
  • Digital material transferred to the court for litigation shall be disposed by the procedure in the court records management regulations and the digital material collected by the investigator in order to prove the suspect's allegation shall be disposed by the Supreme Public Prosecutor's Regulation No.876(digital material's regulation of collection, examine and management). the court ordered the disposal of digital material that is the subject of litigation based on the related laws when criminal lawsuits and civil lawsuits are finalized. however, there is no specific procedure to enforce the disposal order of the court, and the enforcement order stipulates that the enforcement agent is not a professional officer who has proven expertise but a related public official. there is a problem in the enforcement of digital material that the court ordered to disposal because it is not specified. therefore, this is paper proposes a procedure for effectively enforcing the court's order to revoke digital material.

A Study of Public Document Management Regulations of Gungnaebu (구한말 궁내부의 공문서 관리 규칙에 관한 일고찰)

  • Kim, Kun-Woo
    • Journal of Korean Society of Archives and Records Management
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    • v.7 no.1
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    • pp.111-128
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    • 2007
  • This paper aims to examine into the public document management regulations of Gungnaebu(宮內府) at the last period of Daehan(大韓) Empire. Gungnaebu(宮內府), newly established as a political consequence of Gabo(甲午) Reform, had managed the affairs of Royal Court all through several political changes. Many of the main contents of public document management regulations were established after 1907. These regulations and methods have a significant meaning in that they have great affect on the prototype of today's public document management. Moreover, such regulations include the departments in charge of public document management, procedures for official documents handling, provisions on compilation and preservation, the formulation of records compilation classified table and provisions on records list and lending, in detail. They suggest us many points because they are the matrix of the methods of records and archives management which had been applied through Joseon(朝鮮) colonial government, even after the foundation of Republic of Korea.

A Study to Propose Future Preservation Strategies for the Court Library Collection (법원도서관 장서의 미래 보존 전략 제안을 위한 연구)

  • Seungjin Kwak;Younghee Noh;Inho Chang;Jeong Taek Kim;Jae Min Ko;Bongsuk Kang
    • Journal of the Korean Society for Library and Information Science
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    • v.58 no.2
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    • pp.33-56
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    • 2024
  • In this study, we analyzed the current situation of court libraries and aimed to propose a future-oriented strategy for preserving and managing their collections. Based on literature and status analysis, the study presents the future preservation strategy of court library collections in three main categories: First, securing space for the long-term preservation of court library collections; second, establishing a system for collecting and preserving court library collections; and third, performing digital archiving for the permanent preservation and utilization of court records, valuable legal volumes, administrative materials, and other judiciary-specific resources. Through this, court libraries, including those in various courts, should resolve the issue of insufficient collection storage space, preserve holdings systematically and efficiently, and activate library use.

A Study on the Established Requirements for Records through Precedent Analysis: Focusing on "Inter-Korean Summit Meeting Minutes Deletion" Cases (판례 분석을 통한 기록의 성립 요건 검토: '남북정상회담회의록 삭제' 판례를 중심으로)

  • Lee, Cheolhwan;Zoh, Youngsam
    • 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.