Archival Meaning of Legal Evidence (법적 증거의 기록학적 의미)

Seol, Moon-won (설문원)

doi:10.14404/JKSARM.2022.22.1.219

Archival Meaning of Legal Evidence

Journal of Korean Society of Archives and Records Management
Abbr : JRMASK
2022, 22(1), pp.219~235
DOI : 10.14404/JKSARM.2022.22.1.219
Publisher : Korean Society of Archives and Records Management
Research Area : Interdisciplinary Studies > Library and Information Science > Archival Studies / Conservation
Received : January 28, 2022
Accepted : February 15, 2022
Published : February 28, 2022

Seol, Moon-won ¹

¹부산대학교

Accredited

ABSTRACT

This study aims to analyze how the concept of legal evidence has influenced the principles of records management and investigate its meaning and limitations from the perspective of archives. To this end, it outlined how the methodologies of judging the trustworthiness of records as evidence have changed from Roman Law to modern legislation. In addition, the archival meaning of the historical development was analyzed in the following aspects; i) What was the main framework applied to judge the trustworthiness of records? ii) What characteristics did they think records as legal evidence should have? iii) What types of records were the main management targets, and how did they recognize the relationship between records and reality? Based on these analyses, the meaning and limitations of the records management that values legal evidence were presented.

KEYWORDS

legal evidence, documentary evidence, records management, authenticity, reliability

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* References for papers published after 2023 are currently being built.

[journal] 권양섭 / 2016 / 판례에서 바라본 디지털 증거의 증거능력에 관한 고찰 / 정보보호학회논문지 26(5) : 44~53

[book] 권오걸 / 2014 / 사실인정과 형사증거법 / 경북대학교출판부

[book] 김신언 / 2019 / 사례로 보는 미국증거법 / 진원사

[journal] 김영철 / 2018 / A Study on Method of Collecting Digital Original Evidence for the Authentication of Digital Hearsay Evidence / 형사법의 신동향 / 대검찰청 (58) : 257~298

[journal] 박서인 / 2020 / A Study on the Analysis and Improvement of Public Enterprises’ Record Management for the Utilization of Record as Legal Evidence / 한국기록관리학회지 / 한국기록관리학회 20(2) : 41~65

[journal] 설문원 / 2015 / Building Corporate Information Governance to Prepare for Litigation - Practical Implications of Sedona Conference Principles of Information Governance - / 한국도서관·정보학회지 / 한국도서관·정보학회 46(4) : 325~354

[book] 설문원 / 2021 / 기록학의 지평 / 조은글터

[journal] 설문원 / 2016 / Business Records and Information Management as Preparation for e - Discovery Risks / 한국기록관리학회지 / 한국기록관리학회 16(4) : 7~30

[journal] 윤은하 / 2019 / A Study on the Concepts of Record from a Legal Perspective / 기록학연구 / 한국기록학회 (60) : 89~121

[book] 이상신 / 1994 / 역사학개론 / 신서원

[journal] 이젬마 / 2021 / A Study on Securing the Quality of Trusted Digital Records as Evidence: Focusing on Analysis of Quality Concept and Requirements for Records and Evidence Respectively Covered in Records Management and Judicial Domain / 한국비블리아학회지 / 한국비블리아학회 32(3) : 217~246

[journal] 이효성 / 2014 / A Study of Speech Act Theory: With Special Reference to Communication Studies and Theory of Power / 한국소통학보 / 한국소통학회 (25) : 40~78

[book] 조국현 / 2019 / 미국증거법 / 진원사

[book] 차정인 / 2013 / 형사소송법 실무: 기록형 형사법 / 신조사

[journal] Dibble, Vernon K. / 1964 / Four types of inference from documents to events / History and Theory 3 : 203~219

[journal] Duranti, Luciana / 1994 / The concept of appraisal and archival theory / The American Archivist 57(2) : 328~344

[book] Duranti, Luciana / 2015 / Encyclopedia of Archival Science / Rowman & Littlefield

[book] Duranti, Luciana / 2002 / Preservation of the Integrity of Electronic Records / Kluwer Academic Publishers : 9~22

[journal] Head, R. / 2013 / Documents, archives, and proof around 1700 / The Historical Journal 56(4) : 909~930

[book] Iacovino, Livia / 2005 / Archives: Recordskeeping in Society. McKemmish / Centre for Information Studies, Charles Sturt University : 255~276

[report] InterPARES Strategy Task Force / 2001 / The InterPARES 1 Project. Project Intellectual Framework: Principles and Criteria

[web] InterPARES Trust / 2018 / Terminology / https://interparestrust.org/terminology/term/record

[journal] 김정하 / 2017 / Archival Tradition of Siena in the Middle Ages / 인문과학연구논총 / 인문과학연구소 38(2) : 85~102

[book] MacNeil, Heather / 2000 / Trusting Records : Legal, Historical, and Diplomatic Perspectives / Kluwer Academic Publishers

[journal] MacNeil, Heather / 2011 / Trust and professional identity : narratives, counter-narratives and lingering ambiguities / Archival Science 11 : 175~192

[journal] Mata Caravaca, María / 2017 / The concept of archival"sedimentation" : its meaning and use in the Italian context / Archival Science 17(2) : 113~124

[journal] Meehan, Jennifer / 2006 / Towards an archival concept of evidence / Archivaria 61(Spring)

[book] Van Bussel, G. J. / 2017 / Archives in Liquid Times / Stichting Archiefpublicaties : 16~41

[journal] Yeo, Geoffrey / 2010 / Representing the act : records and speech act theory / Journal of the Society of Archivists 31(2) : 95~117

[book] Yeo, Geoffrey / 2018 / Records, Information and Data: Exploring the Role of Record-Keeping in an Information Culture / Facet Publishing

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Journal of Korean Society of Archives and Records Management 2023 KCI Impact Factor : 0.81

Archival Meaning of Legal Evidence

ABSTRACT

KEYWORDS

Citation status

* References for papers published after 2023 are currently being built.

Journal of Korean Society of Archives and Records Management 2023 KCI Impact Factor : 0.81

Archival Meaning of Legal Evidence

ABSTRACT

KEYWORDS

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