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A Study on the Analysis and Improvement of Public Enterprises’ Record Management for the Utilization of Record as Legal Evidence

Journal of Korean Society of Archives and Records Management / Journal of Korean Society of Archives and Records Management, (P)1598-1487; (E)2671-7247
2020, v.20 no.2, pp.41-65
https://doi.org/10.14404/JKSARM.2020.20.2.041


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Abstract

Organizations always face the risk of litigation; thus, they should actively prepare for it. In particular, public enterprises must respond to lawsuits carefully to avoid any management risk and possible damage of publicity. Given this, this study aims to identify the relationship between efficient litigation response and record management, determine problems related to record management while utilizing records as evidence, and propose measures to improve record management that uses records as legal evidence. For records to be deemed as legal evidence, RMS is essential to ensure authenticity. Moreover, the ability to secure potential evidence and awareness of the importance of records management needs to be validated. The Commission also stressed the importance of cooperation between archivists and the legal team to efficiently respond to lawsuits.

keywords
공기업, 공기업 기록관리, 법적 증거, 증거적 가치, 소송대응, 진본성, 정보거버넌스, 전자증거개시제도, Public Enterprise, Records Management, Authenticity, Evidence, Evidential Value, Information Governance, E-Discovery

Journal of Korean Society of Archives and Records Management