• Title/Summary/Keyword: 법률제도

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The Legal Nature and Problems of Air Mileage (항공마일리지의 법적 성격과 약관해석)

  • Kim, Dae-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.163-199
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    • 2010
  • A frequent flyer program is a loyalty program offered by many airlines. Typically, airline customers enrolled in the program accumulate frequent flyer miles corresponding to the distance flown on that airline or its partners. There are other ways to accumulate miles. In recent years, more miles were awarded for using co-branded credit and debit cards than for air travel. Acquired miles can be redeemed for free air travel; for other goods or services, such as travel class upgrades, airport lounge access or priority bookings. The first modern frequent flyer program was created Texas International Airlines in 1979. This program was also adopted in Korean Air in 1984. Since then, the mileage programs have grown enormously. As of June 2009, the total member of two national airlines in Korea had been over thirty million. However, accumulated miles could be burden of airlines, because the korean corporations should record the annual financial report the accumulate mileage on a liability account by 'the international financial report standards(IFRS)' next year. The korean airlines need to minimize the accumulated miles, so that for instance Korean Airlines SKYPASS-miles expire 5 years after being earned. It means that miles earned on or after July 2008 will expire after five years if unredeemed. Thus, this paper attempt to analyze the unfairness of the mileage rules of korean airlines by examining a specific portion of the conditions relating to consumer protection, because many mileage users has difficulties using mileage programs and complained the amendment of the mileage rules. In conclusion, the contemporary mileage rules in Korea are rather unsatisfactory, because airlines is not only recognizing a mileage into a kind of benefit but also denying inheritance of mileage and the legal nature of mileage as a property right. It is necessary to amend relevant mileage rules in view of consumer protection, because air mileage is not simple benefit but a right of mileage user.

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A Study on the Equity of the Charges Established to be Imposed on Damaging Activities of Natural Resources -A Comparative Study of Ecosystem Conservation Cooperation Charge and Replacement Charge for Forest Resources Creation- (자연환경 훼손에 관한 부담금의 형평성 제고방안 -생태계보전협력금과 대체산림자원조성비의 비교를 중심으로-)

  • Bang, Sang-Weon;Yoon, Ick-June
    • Journal of Environmental Policy
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    • v.8 no.2
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    • pp.25-61
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    • 2009
  • These days, environmental policies have changed from being command and control systems toward economic incentive systems, with various incentives having been established by OECD countries. In Korea, many environmental charges have been established in order to diminish activities which damage natural resources. Among them, the Ecosystem Conservation Cooperation Charge and the Replacement Charge for Forest Resources Creation are considered to be representative environmental charges. These charges, along with a few others, were designed to encourage efforts to protect natural resources. The charges include a number of different features, utilize varying methods, and altered ranges of jurisdiction. However, the charges may pose serious inequity problems in terms of their estimated values and their conditions of reduction and exemption. For instance, although the Ecosystem Conservation Cooperation Charge is a primary charge applied to natural resource damage, the charge does not fully secure its original objectives due to its low levy and limited range of provisions. Moreover, the Replacement Charge for Forest Resources Creation has been criticized because of similar reduction and exemption provisions. Therefore, this study analyzes the inequity problems associated with the charges and proposes solutions. First of all, the Ecosystem Conservation Cooperation Charge should be redesigned in such a way that it reflects the substantial value of natural resource damage through either abrogate or increased maximum limits of the charge. With regard to the Replacement Charge for Forest Resources Creation, the cases and ranges of reduction and exemption provisions should be narrowed. Finally, the charges collected should be expended in conformity with their original objectives, and their expenditure should be restricted to either restoration activities or activities directly related to compensation and mitigation of damaged natural resources.

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Strategy Development for Expanding High-speed Railway into both Korean Domestic Market and Foreign Market (고속철도사업 활성화 및 건설업체의 해외사업참여 확대방향 연구)

  • Park, Heedae;Park, Hyung Keun;Jang, Hyeon Seok;Han, Seung Heon
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.31 no.1D
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    • pp.119-126
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    • 2011
  • High-speed railway raises global interests with the growing concerns on the green development and the green energy. However, since most of the infrastructure investment of Korea was focused on the highway projects for last forty years, the investment on the railway has been limited around 40~50% of that of the highway projects. In addition, due to the world economy crisis and unsatisfactory support of existing policy for the private investment project, the private investment is given a small deal of weight on the social overhead capital investment. Meanwhile, despite the world high-speed railway market is growing rapidly and the Korean contractors have won the international construction contracts over 70 billion USD, past records of railway projects are very rare. Therefore, it is required to develop strategies for encouraging private investment in the domestic market to achieve efficient high-speed railway development and for advancing into foreign high-speed railway market. This study carried out data collection and market analysis for both domestic and foreign market respectively. Through a structured questionnaire survey and expert interviews, contractors' perceptions on the high-speed railway market and needs for the government support are collected. Summary of strategies drawn from this study are as follows: 1) carrying out BTL high-speed railway projects and revising related policies; 2) upwarding incentive level for the private pre-investment projects considering the contractors' credit rating; 3) carrying out Honam-Jeju submarine railway project; 4) establishing a efficient consortium model for foreign market; 5) improving the capacity of the Korea Railway Association that support Korean contractors' foreign advancement; and 6) expand the budget for Global Infra-fund.

Effective Coastal Water Quality Management and Marine Environmental Impact Assessment (연안의 효율적 수질관리 방향과 해양환경영향평가)

  • Lee, Dae-In;Eom, Ki-Hyuk;Kim, Gui-Young;Hong, Sok-Jin;Lee, Won-Chan;Jang, Ju-Hyoung
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.14 no.1
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    • pp.29-37
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    • 2008
  • This study examined principles and techniques of efficient water quality management as well as total coastal pollutant loads and the relevant examples in the advanced countries from the viewpoints of water quality improvement and pollution control in coastal areas. The problems and improvements in an estimation of the current total pollutant loads were also pointed out. In addition, discussion was made on the relationship between total pollutant loads and environmental capacity as well as particulars requiring extensive examination on access to and study on water quality model used as prediction tool for marine environment. Furthermore, this study proposed details of and improvement plans for water quality control to be reflected and absorbed into systems and policies related to coastal water quality. In coastal areas, which are subject to total coastal pollutant loads, it is necessary to calculate pollutant loads reduction and allocation, to propose them in detail in statement in relations to new pollution sources for the corresponding projects or plans in environmental impact assessment and prior environmental review system. Also, in relations to regional plans for coastal management, the local government concerned must focus more on environmental management plan to implement data on pollution sources and pollutant loads flown into sea areas under basic jurisdiction, therefore it is required to actively respond to expansion and introduction of total coastal pollutant loads system in the future. Total coastal pollutant loads system must be expanded and executed by considering characteristics of sea area and changes in the environment of land. For pollution sources in land, the competent authorities in charge of coastal environment will need to initiatively administer supervision, monitoring activities and achieve integration and operation of the related laws by preparing legal bases for management system or adjusting the related laws.

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THE POSSIBLE IMPACT OF EUROPEAN COMMUNITY AIR TRANSPORT POLICY ON AVIATION INDUSTRY IN ASIA (EC항공운송정책(航空運送政策)이 아시아 항공산업(航空産業)에 미치는 영향(影響))

  • Cheng, Chia Jui
    • The Korean Journal of Air & Space Law and Policy
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    • v.4
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    • pp.167-176
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    • 1992
  • 1957년에 서명된 로마조약(條約)을 처음 개정한 단일(單一)유럽법(法)이 1987년 7월 1일에 발효(發效)되었을 때 유럽공동체(共同體) 12개 회원국(會員國)들은 공동정책(共同政策)에 의거 상업(商業), 농업(農業), 운송(運送), 금융(金融) 및 기타 관련부분에 있어 단일역내시장(單一域內市場)을 형성하기로 약속했다. 물론 완전한 역내공동시장(域內共同市場)은 자유로운 운송시장(運送市場)을 전제로 한다. 따라서 EC조약(條約)은 모든 회원국(會員國)들이 서어비스의 자유에 근거하여 공동운송정책(共同運送政策)을 따를 것을 강제하고 있다. 항공운송(航空運送)에 있어서의 목표도 역시 다른 모든 경제활동의 목표와 마찬가지로 로마조약(條約)이 적용되는 공동운송정책(共同運送政策)의 일부를 구성하고 있다. 종합적인 공동체항공정책(共同體航空政策)의 작업에는 운임(運賃), 공급량(供給量), 시장진출(市場進出) 및 경쟁상(競爭上)의 일괄적인 자유화 조치 이상의 것을 내포하고 있다. 그것은 국가장벽으로 방해되지 않는 공동체(共同體)의 항공운송망(航空運送網)의 개발과 확장뿐만 아니라 경제(經濟), 안전(安全), 환경(環境) 및 사회적(社會的) 요인(要因)들 간에 합리적인 균형을 이루는 공동체항공운송정책(共同體航空運送政策)의 개발을 위한 공동항공운송정책(共同航空運送政策)의 공식화(公式化)를 요한다. 1987년의 항공(航空)에 관한 일괄입법조치, 1989년의 제 2 차 항공(航空)에 관한 일괄입법조치 및 1992년 이후로 예정된 제 3 차 일괄입법조치에 따라 EC는 초국가적(超國家的)인 항공운송(航空運送) 분야에 있어서의 개방적인 국제경쟁(國際競爭)을 본격적으로 추구하고 있다. 결국 이러한 일괄규칙은 EC와 제(第) 3 국(國)들간의 관계에 중대한 의미를 가지게 될 것이다. EC항공운송정책(航空運送政策)이 아시아 항공산업(航空産業)의 상업운선(商業運船)에 어떠한 영향을 미칠 것인가는 모든 아시아 국가들이 알아야 할 중요한 문제이다. 이론적으로 말해서, 역내공동체(域內共同體) 항공운송(航空運送)의 자유화는 아시아 국가들에 대한 치외법권적(治外法權的) 효과를 일으킬 수 있는 로마조약(條約)과 유럽사법재판소(司法裁判所)에 의해 형성된 원칙들에 필연적으로 영향을 미칠 것이다. 이와 관련하여 아시아 항공산업(航空産業)은 무차별원칙(無差別原則), 설립(設立)의 자유(自由), 서어비스의 자유(自由) 및 EEC 경쟁법(競爭法)과 같은 제(第) 3 국(國)의 국제항공운송에 영향을 미치는 일련의 새로운 원칙과 법률의 출현에 큰 관심을 갖고 있다. 실무적인 관점에서, 1992년 이후의 종합적인 공동체항공운송정책(共同體航空運送政策)의 작업에는 항공운화(航空運貨), 시장진출(市場進出), 제(第)3 및 제(第)4의 운륜자유권(運輪自由權), 복수지정(複數指定), 제(第)5의 자유(自由), 캐보타지(cabotage), 손상(損傷)(derogation), 공급량(供給量), 편수(便數), 불정기운항(不定期運航) 및 기타 부문항공기소음(部門航空機騷音), 최저(最低) 안전(安全) 및 사회적(社會的) 조치(措置), 항공종사자면허(航空從事者免許), 감항증명(堪航證明), 운항시간제도(運航時間制度), 컴퓨터 예약제도(豫約制度), 탑승거절보상의 공동최저기준(共同最低基準), 공중혼잡(空中混雜), 공항이착륙시간할당법(空港離着陸時間割當法), 공항시설(空港施設), 정부지원(政府支援 등). 이와 같은 모든 공동체항공운송정책(共同體航空運送政策)의 주요문제들은 아시아 항공산업(航空産業)에 여러 각도로 영향을 미치게 될 것이다. 위와 같은 문제들 가운데, 제(第) 3국(國) 항공사(航空社)들의 역내공동체(域內共同體) 항로(航路)의 접근, 공급량(供給量), 운임(運賃), 제(第)5의 자유(自由) 및 캐보타지가 아시아 항공산업(航空産業)에 관심이 큰 문제가 되고 있다. 아시아 항공사(航空社)들의 EEC시장(市場)에로의 상업운항(商業運航)이 다소 영향을 받게 될 것이다. 첫째, 복수(複數) 목적지(目的地) 문제이다. 둘째, 항공(航空)서어비스의 운임(運賃) 및 료솔(料率)문제이다. 셋째, 항공운송구역(航空運送區域)에서의 사업에 대한 경쟁원칙의 적용 문제이다. 넷째, 제(第)5 자유(自由) 운륜권(運輪權) 문제이다. 다섯째, 캐보타지(cabotage)문제이다. 끝으로, 유럽 항공사(航空社)들간의 합병(合倂)의 문제이다. 결론적으로 유럽공동체항공운송(共同體航空運送)의 자유화는 1993년까지 공동체(共同體) 역내(域內)와 역외(域外)의 항공운송법제(航空運送法制)의 현재의 모습을 극적으로 바꾸어 놓을 정도로 가속화(加速化)되고 있다. 한편 항공운송(航空運送)의 자유화(自由化)에 대한 EC의 제의는 대담하고 급진적이다. 반면에 그것이 아시아 항공산업(航空産業)에 미칠 영향 또한 중대하다. 의심할 여지없이 항공사(航空社)와 고객들의 이익면에서 EEC와 비(非)EEC국가들의 항공운송산업(航空運送産業)에서 더욱 경제적으로 경쟁적이 되도록 할 필요가 있다. 전세계 항공운송산업(航空運送産業) 운영(運營)의 대부분을 정부가 소유하거나 통제하는 것은 정말로 국제항공운송(國際航空運送)의 발전에 불필요한 장애를 일으킨다. 따라서 國內航空社와 전세계 항공사(航空社)들간의 이해관계의 조화를 협상하는 것이 중요하다. 아마도 아시아 항공사(航空社)들간의 지역적 협조가 미국(美國)뿐만 아니라 유럽으로 부터의 압력 증가에 대해 균형을 이루는 힘이 될 수 있을 것이다.

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Adoption and Efficacy of ISO 15189 in Medical Laboratories for Diagnostic and Research (메디컬시험기관에서 ISO 15189 도입의 필요성과 시행의 효용성)

  • Yang, Man-Gil;Lee, Won Ho;Jun, Jin Hyun
    • Korean Journal of Clinical Laboratory Science
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    • v.48 no.2
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    • pp.158-167
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    • 2016
  • The requirements for medical laboratories ISO 15189 is examined in organization and a quality management system, stressing the importance of evidence, document control, and control of records and clinical material. Medical services are provided from the areas of resource management, and pre-examination, examination and post-examination processes. The main goal of ISO 15189 accreditation is to improve the quality of laboratory services provided for patients and clinical users not only through compliance with consensually developed and harmonized requirements but also by adopting the philosophy of continual improvement using the Plan-Do-Check-Act cycle. Laboratory quality should be evaluated and improved in all steps of the testing process as the state-of-the art indicates that the pre- and post-analytical phases are more vulnerable to errors than the intra-analytical phase. The Korea Laboratory Accreditation Scheme (KOLAS), a national accreditation body, provides medical laboratory accreditations for appropriate approaches to evaluating the competence of a medical laboratory in providing effective services to its customers and clinical users. Adoption of ISO 15189 in 2010s as a government policy has been delayed, and only 5 laboratories have been accredited to date in Korea. The medical laboratories should seek the adoption of ISO 15189 with a positive attitude for quality improvement and strengthening of international competitiveness.

Development of a Integrated Indicator System for Evaluating the State of Watershed Management in the Context of River Basin Management Using Factor Analysis (요인분석을 이용한 수계 관리 맥락에서 유역관리 상태를 평가하기 위한 통합지수 개발)

  • Kang, Min-Goo;Lee, Kwang-Man;Ko, Ick-Hwan;Jeong, Chan-Yong
    • Journal of Korea Water Resources Association
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    • v.41 no.3
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    • pp.277-291
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    • 2008
  • In order to carry out river basin management, it is necessary to evaluate the state of the river basin and make site-specific measures on the basis of management goals and objectives. A river basin is divided into several watersheds, which are composed of several components: water resources, social and economic systems, law and institution, user, land, ecosystems, etc. They are connected among them and form network holistically. In this study, a methodology for evaluating watershed management was developed by consideration of the various features of a watershed system. This methodology employed factor analysis to develop sub-indexes for evaluating water use management, environment and ecosystem management, and flood management in a watershed. To do this, first, the related data were gathered and classified into six groups that are the components of watershed systems. Second, in all sub-indexes, preliminary tests such as KMO (Kaiser-Meyer-Olkin) measure of sampling adequacy and Bartlett's test of sphericity were conducted to check the data's acceptability to factor analysis, respectively. Third, variables related to each sub-index were grouped into three factors by consideration of statistic characteristics, respectively. These factors became indicators and were named, taking into account the relationship and the characteristics of included variables. In order to check the study results, the computed factor loadings of each variable were reviewed, and correlation analysis among factor scores was fulfilled. It was revealed that each factor score of factors in a sub-index was not correlated, and grouping variables by factor analysis was appropriate. And, it was thought that this indicator system would be applied effectively to evaluating the states of watershed management.

A Protection Management Characteristic and Preservation Plan of World Heritage Mt. Huangshan (세계유산 황산의 보호관리 특성 및 보전방안)

  • Shin, Hyun-Sil
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.1
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    • pp.120-128
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    • 2018
  • The purpose of this study is to establish basic data for the continuous protection management policy of domestic natural world heritage and mixed world heritage, and to examine the present situation and characteristics of the protection management according to the World Heritage Convention on the World Heritage listed Huangshan. The results of this study are as follows. First, Huangshan began to be protected by the establishment of the Huangshan Construction Committee in 1933, and after the designation of national park in 1982, laws and regulations were established in the central ministries, And various projects related to utilization have been implemented. Secondly, the establishment of the boundary for protection was actively intervened by the central government, such as the reorganization of the boundary of Huangshan through the administrative district plan. In order to protect the ecological and landscape value as well as the cultural factor, And designated a heritage designated area. Third, the protection management of Huangshan was divided into four major stages. The first phase was divided into the period when administrative measures were taken to manage the protection of Huangshan. The second phase was designated as a national park in Huangshan. The third period was the time of the protection-oriented project according to the recommendation of the international organizations after the World Heritage listed. The fourth period was the expansion of the tourism industry for the continuous use of protection of Huangshan city, My preservation business was being implemented. Fourth, Huangshan is managed by the central government and the city government. Huangshan, which is a mixed heritage, is managed jointly by the Ministry of Cultural Heritage Administration and the Ministry of Natural Heritage Administration. The protection and management of Huangshan promoted the efficiency and expertise of the heritage-related work through the establishment of the administrative unit-specific management system, and the local governments were entrusted with the authority to implement the protection management policies that meet local characteristics. Fifth, the preservation area of Huangshan has been destroyed by the development policy centered on the mountain. In addition, according to the operation of accommodation facilities, there are problems such as sewage, garbage disposal, and environmental pollution caused by tourists, and the damage caused by pests and diseases in planted plantations around the area and changes in ecosystem due to the composition of cable cars. Sixth, for the continuous protection of Huangshan, strict regulations on new construction, extension and management of accommodation are required, and it is necessary to install facilities to limit and control the number of visitors.

'Dual Transformation' of Freedom of Information Movements and Civic Participation (정보공개운동의 '이중적 전환'과 시민참여 : <참여연대 정보공개사업단>과 <투명사회를 위한 정보공개센터> 비교를 중심으로)

  • Hong, Il-Pyo
    • The Korean Journal of Archival Studies
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    • no.22
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    • pp.37-76
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    • 2009
  • This paper aims-through comparative research on two organizations and use of political process theory-to analyze the historical development of, current issues related to and the characteristics of the new transformation of the Freedom of Information Movements (FOIMs) in South Korea. In the ten years since the Freedom of Information Act (FOIA) took effect in 1998, Korean FOIMs have developed along the following course: 'emergence' (1998), 'expansion and extension' (1999-2004), 'institutionalization and retro-institutionalization-' (2005-2008). Specifically, in the early stage of FOIMs, the Freedom of Information (FOI) department of the People's Solidarity for Participatory Democracy, established in 1998, had led the FOI movement by initiating reform of the FOI institution and advocating an end to old practices. Paradoxically, however, following the institutional progress of FOI under the Roh Moo Hyun government, the vitality of FOIMs seemed to be weakening. And under the Lee Myung Bak government, which is showing regression in both the FOI institution and practices, the 'dual transformation' of the FOIMs is being led not by old groups but by new ones. The Center for Freedom of Information and Transparent Society(CFOI), which was founded in 2008, has journalists, researchers of archival studies, citizens, lawyers and nongovernmental activists as members. Through its blog style Homepage, countless reports are becoming "open to the public" and "share with the public." And its various civic education programs are interactive bridges which enable mutual communication between the Center and citizens. CFOI is expanding the FOI movement in different ways than the traditional activists such as the FOI department of the PSPD department, which worked through methods such as policy proposals, disclosing information litigation, comments and public statements, and hosting forums. CFOI is leading the 'dual process of transformation' of FOIMs, namely the transformation from an 'advocacy' movement to an 'empowerment' movement and transformation of the FOI movement's framework from "open to the public" to "share with the public."

Record management in Great Han Empire (대한제국시기의 기록관리)

  • Lee, Young-Hak
    • The Korean Journal of Archival Studies
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    • no.19
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    • pp.153-192
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    • 2009
  • Appearing newly on June 1894, Gaboh regime enforced modern reformation policy. In light of archives' management, it was totally different from before. Government established individual department of record management in every division and proclaimed a legislative bill which was stipulated about record management process. They modified archives' form including peculiar declaration of the name of an era and use together with Korean and Chinese. Also they tried to conserve the original copy of the archives. As King Gojong announced the Great Han Empire(Taehan Cheguk, 大韓帝國) on October 1897, he reinforced Gaboh regimes' weakened royal authority and enforced reformation policy which was designed for himself. First he abolished the administration which restricted royal authority, and established new department called Euijungbu(議政府). To restrain the royal power, he separated the Royal House and government and reinforced Gungnaebu(宮內府). In addition, King Gojong enforced the policy which he can manage directly about troops, policies, and finances. Consequently, He established Wonsubu(元帥府), Kyungbu(警部), and made direct belonging of an emperor. Also, department called Naejangwon(內藏院) tried to levy many kinds of taxes directly to build up the financial foundation under the emperor. The record management system of Great Han Empire succeeded to that of Gaboh regimes Times'. First, government and powerful organization directly under the emperor set up the department of record management. Euijungbu (議政府) and governmental department, of course, Gungnaebu(宮內府), Wonsubu(元帥府), Kyungbu(警部), Tongshinwon(通信院), Jikyeahmun(地契衙門) which support the right of an emperor established document division and record division individually. To carry out government's service effectively and systematically, it was considered effective to divide record management department. Moreover, despite the difference between the divisions, they were separated into current record division and non current record division. Generally, document department took charge of acceptance, sending and crafting of current document and archives department was eligible for preservation and compilation of major document and eternal conservation document. This seems to consider life cycle of the record and keep the evaluation of record in mind. Finally, perception for the record management has revealed to modern configuration.