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A Study on the Established Requirements for Records through Precedent Analysis: Focusing on “Inter-Korean Summit Meeting Minutes Deletion” Cases

Journal of Korean Society of Archives and Records Management / Journal of Korean Society of Archives and Records Management, (P)1598-1487; (E)2671-7247
2021, v.21 no.1, pp.41-56
https://doi.org/10.14404/JKSARM.2021.21.1.041


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Abstract

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.

keywords
기록관리판례, 결재, 대통령기록관리, 공용전자기록등 손상죄, 기록물무단폐기, e지원시스템, 행정정보데이터세트, Archival precedent, Approved, Management of presidential archives, Invalidity of public documents, Records invalidity of public documents, e-jiwon system, Administrative information dataset

Journal of Korean Society of Archives and Records Management