• The Korean Journal of Archival Studies
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• no.69
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• pp.129-152
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• 2021

With the enactment and enforcement of the 「Public Records and Archives Act」, the Tottori Prefectural Archives newly enacted the "Records Management Ordinance" through a comprehensive review of the previous archive function. In accordance with this ordinance, which came into effect in April 2012, Tottori Prefecture expanded the records management institutions (Public Security Committee and Police Headquarters, etc.) A series of archive systems were improved, such as the expansion and reinforcement of the authority to appraisal and select. In addition, the Tottori Prefectural Archives went further and implemented the "Ordinance on the Preservation of Historical Documents, etc." from April 2017. Through this, the municipalities unit basic local government's record management support work was set as a unique function of the local archive, and a linkage and cooperation system was established for the preservation of private records of the prefecture area as well as the basic local area together with cultural heritage institutions such as museums and libraries. As a reference case that continuously guarantees the performance of various activities based on the mission and vision of the local archives in Korea that aim for 'autonomy of records' on the poor archival culture soil, it is worth paying attention to the case of continuous record management reform of the Tottori Prefectural Archives through the enactment of the original role and function of the archive.

• Journal of Legislation Research
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• no.55
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.