• Journal of Fisheries and Marine Sciences Education
• /
• v.3 no.1
• /
• pp.35-43
• /
• 1991

The fishing vessels operation is a kind of maritime profit-making activities, which are complicatedly integrated by the basic and supplemental fishing activities with navigation. The Fishing Vessels Act of Korea defines the character of fishing vessels and gives a legal status to them, and this Act itself is linked with the allied public laws including the Ships Act of Korea. For this reason, the legal status of fishing vessels as Korean flagged ships by the public law is analogous to the general commercial vessels. And the specific character of ownership of the fishing vessels by the Korean Maritime-Commercial Act as a privated law is analogous to the general commercial vessels, nevertheless the Chapter 4(Carriage of goods) and the Chapter 5(General average) of this Act do not apply to the fishing vessels except the fish carriers. A fishing vessel possesses the legal status as a Korean flagged ship by having it registered and putting it on record under the provision of national law, however the principle of genuine link is an important factor for acquisition of nationality. Especially, the basic rules by the Law of the Sea those are attended with the distant-water fishing vessels operation at the overseas fishing ground are summarized as follows ; Firstly, the rights of navigation and fishing activities on the high seas are fundamentally recognized to all states, but the freedom is restricted according to the international legal order aiming at protection of reasonable interests of other states and conservation of the living resources and marine environment. Secondly, in the EEZ or EFZ the freedom of navigation is recognized, but fishing activities are exclusively ruled by the national law of the coastal state. Thirdly, foreign fishing activities are prohibited but the right of innocent passage is recognized in the territorial sea, while both activities are prohibited in the internal waters of the coastal state.

• The Korean Journal of Archival Studies
• /
• no.37
• /
• pp.145-188
• /
• 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.

• Journal of Korean Society of Archives and Records Management
• /
• v.9 no.2
• /
• pp.159-188
• /
• 2009

In the midst of computerization and digitization of the archives, the way of use and the need of users to use the public archives has been changed and expanded. It draws concerned party's attention to the copyrights in the public archives and the protection of the copyrights of the public archives. This study examines the exiting copyright laws in Korea and some foreign countries, interprets the laws, and presents legal implications when the laws are applied to the public archives held in the National Archives of Korea(NAK). The public records are "literary works" and their copyrights are to be protected. Most of the public archives held in the NAK are also "creative works" which are the presentations of thoughts and feelings of the individuals, the records creators in the public agencies. The holder of the copyrights of the archives is not the NAK, but the agency which created the archives, such as the central government and local governments. To promote the use of public archives, we need to expand the public domain in the public records and archives and the fair use of the archives. To do this, I suggest to amend and complement the Copyrights Act, the Pubic Records/Archives Management Act, and the Opening Records in the Public Agencies Act(FOIA in Korea). The establishment of a coordinating body dealing the copyrights in pubic record and archives is strongly recommended. The coordinating body will provide guidelines on protecting copyrights and expand the fair use and the public domain of the public archives.

• Journal of the Korean BIBLIA Society for library and Information Science
• /
• v.29 no.2
• /
• pp.57-84
• /
• 2018

By the law, "Public Records Act", all public agencies should have at least one record manager. However, education support offices and military related agencies currently have a low recruitment rate than other agencies. To overcome the absence of records manager, several education support offices ran the 'CoP(Community of Practice)s of Records Management'. To determine the current state of operation of the CoPs, a preliminary analysis was conducted on all national education support offices by information disclosures. And then the detail survey was performed by dividing the institutions with/without the CoPs, At the results, the CoPs of record managements help to perform practical task and improve individuals'skills. Meanwhile, even if the CoPs temporarily substitutes record management tasks, the record manager specialist must be recruited. In addition, we proposed an activation plan to identify and solve the obstacles in the operation of the CoPs of records management.

• Korean Security Journal
• /
• no.20
• /
• pp.365-392
• /
• 2009

The increased concern about national security in the U.S. after the 9/11 terrorist attacks has influenced public rights of access to government information and its legal foundation, the Freedom of Information Act (FOIA). Public access to government information has been restricted at the policy level by a series of legislative and executive changes in FOIA after September 11, 2001, but the examination of statistics on FOIA implementation between fiscal years 1999 and 2004 shows that the strengthened national security measures did not have a considerable impact at the implementation level during this period. These contrasting findings might be due to the public officials' informal reaction to the criticism of the restriction on public access, bureaucratic inertia, and the use of new record categories not subject to FOIA.

• The Korean Journal of Archival Studies
• /
• no.53
• /
• pp.201-228
• /
• 2017

Recently, public organizations have been improving the classification in order to introduce records management reference table in accordance with the act on the management of public archives. However, there is no system to mount the revised records management reference table, and there is a problem in usability. The purpose of this study is to design a system function to manage the classification which is the foundation of records management for public organizations. In order to design the function, interviews with the records management specialists of the five public organizations were conducted. Based on this, we have designed a multi-classification system registration function, a hierarchical structure setting function of records, and a record management standard management function.

• The Korean Journal of Archival Studies
• /
• no.53
• /
• pp.229-259
• /
• 2017

The purpose of this study is to find out the level of the classification system of the government-funded research institutes and to search the future direction of the classification scheme of these research institutes. As a result of analyzing the classification system and regulations of the 23 government-funded research institutes, it is found that the regulations of the records management of most institutions are basically based on other regulations before Public Records Act. In addition, there are not many institutions in which the record production system that reflects the Public Records Act is introduced, and the production and classification of the records are performed separately, and the classification scheme in which the organization classification and the functional classification are mixed is often used only as a reference tool for setting retention period. To overcome this situation, it is necessary to improve the regulation, classification scheme and system. The revision of the law at the national level and establishment of records management regulations at the institutional level should be made. A special classification scheme for 'research' which is a core function of the research institute should be designed and this classification scheme must be applied from the registration stage of records. The fact that the record management obligation is ignored and the production records are not properly managed is to deny the value of the research field records by themselves. I hope that the records management of government-funded research institutes will be moved in place as soon as possible and practical issues will be communicated to academia and good ideas for better development will be returned to the field of practice.

• The Korean Journal of Archival Studies
• /
• no.72
• /
• pp.33-89
• /
• 2022

Recently, following the opening of the Gyeongsangnam-do Archives and the Seoul Archives, work to establish local archives management institutions in cities and provinces is being actively carried out. In this process, there is an institution directly or indirectly affected by the records management work following the emergence of metropolitan·provincial office of education records management institutions. Article 11 of the current Public Archives Act is centered on cities and provinces, such as giving only the mayor and provincial governor the duty to establish a local record management institution. When a management agency is established, only the obligation to transfer the records with a retention period of 30 years or more among the records under its jurisdiction is specified. This is not appropriate when considering that each metropolitan·provincial office of education and each metropolitan·provincial perform their own duties and roles at the metropolitan·provincial level in accordance with the Constitution and laws. Therefore, in this study, legally, institutionally and historically, the fact that metropolitan·provincial offices of education and metropolitan ·provincial are the core institutions that realize local educational autonomy and local autonomy, and are equivalent administrative agencies independently in charge of their own affairs in their respective jurisdictions. We compared and examined the need to revise Article 11 of the current Public Archives Act, which is overly composed of cities and provinces, and presented the expected effects of the establishment of local records management institutions by cities and provinces of education.

• Journal of Korean Society of Archives and Records Management
• /
• v.23 no.4
• /
• pp.113-135
• /
• 2023

This study explores the transfer of defunct school records (by preservation period, type, and place of transfer) in South Korea since the Public Records Management Act was enacted in 1999 and suggests improvements. Metropolitan and provincial offices of education, totaling 17, were asked to disclose information about the status of defunct school records. Since 1999, 1,411 schools nationwide have closed permanently, predominantly elementary schools, followed by high then middle schools. By preservation period, there were more records in the 1 to 10-year category than in the 30-year to permanent category. By record type, most were electronic records, followed by paper records, archival objects, and audiovisual records. By place of transfer, most nonelectronic records were transferred to integrated schools, and most electronic records were transferred to the Records Management System. In-depth interviews with 10 record managers from local education offices found that the management of defunct school records varies widely by region and institution because of the lack of specified manuals. Participants also reported difficulties in transferring web-based records, archival objects, and audiovisual records, as well as insufficient archival space and computer systems. This study also provides suggestions to improve the management of defunct school records, such as establishing specified manuals, creating a dedicated government department for managing defunct school records, deploying workforces, and improving computer systems.

• Journal of Korean Society of Archives and Records Management
• /
• v.15 no.1
• /
• pp.7-28
• /
• 2015

This study aims to identify the work process of records managers under the Freedom of Information Act (FOI). In particular, it attempted to reveal the problems and difficulties that record managers encounter during FOI work. To do this, this study conducted in-depth interviews with 11 records managers who were in charge of records management and FOI work, and the accumulated data were subjectively analyzed. The study discussed the relationship between records management and FOI and emphasized the need for procedural improvements of the act to alleviate psychological pressure on records managers and help them focus more on the records management process itself.