• Title/Summary/Keyword: legal professional privilege

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Recent Debates in Attorney-Client related Privilege and Confidentiality in Korea and Its Implications to International Arbitration

  • Joongi Kim
    • Journal of Arbitration Studies
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    • v.33 no.3
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    • pp.3-30
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    • 2023
  • This article provides an overview of the state of attorney-client related privilege and confidentiality in Korea. It reviews the statutory framework, and how Korean courts have analyzed the privilege and confidentiality related to attorneys and their clients. It then examines the legislative initiatives Korea is currently debating with regard to adopting a more common law-style attorney-client privilege (ACP). If adopted, the new legislation will mark a significant milestone in providing guidance on how communications between attorney and client will be treated. Its impact in the context of international arbitration practice and law related to Korea is explored.

Contested terrain - Conflicts between BOK(body of knowledge) of interior design and HSW(health, safety, welfare) ethos of profession - (갈등의 영역 - 실내디자인의 지식체계와 프로페션의 건강, 안전, 복지 에토스와의 갈등 -)

  • Kim, Duk-Su
    • Korean Institute of Interior Design Journal
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    • v.21 no.6
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    • pp.177-185
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    • 2012
  • The endowed privilege to an established profession acts as an important motivation related to professionalization of occupations. The established profession enjoys cognitive, legal, and economic privilege. This study analyzes the professionalization process of interior design. Specifically, the study evaluates the suitability of the body of knowledge and professional ethos(i.e., protection of citizen's health, safety, and welfare), while analyzing the professionalization of interior design in the United States. The research aims at proposing a reference point for the professionalization of Korean interior design. Utilized data include research paper, court sentencing, and reports published by related professional organizations. The study concludes that 3E's are a means of professionalization of interior design, while separating interior design from interior decorating. In addition, there is no evidence to the protection of citizen's HSW. Rather, it increases service costs and restricts the job opportunities. When the public is not persuaded, the argument related to the necessity of license for the protecting citizen's HSW can be consumed as a mere rhetoric, concealing intentions for formulating a cartel. Thus, this study proposes that the professionalization of interior design may focus on the establishment of identity and body of knowledge, which are specific to interior design.

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Presidential Archives Management in Crisis - An Archival Approach to the Solutions - (위기에 처한 대통령기록물관리, 문제의 인식과 해결을 위한 접근 방식)

  • Lee, Sang-Min
    • The Korean Journal of Archival Studies
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    • no.18
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    • pp.281-315
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    • 2008
  • This paper reviews recent records issues surrounding former president Roh Moo-Hyun's private possession of the copies of the presidential records in Korea. While the former president transferred his records to the National Archives of Korea, he copied his electronic presidential records and kept them in his house after the term. His retention of the "records copies" arouse critical records issues and criminal charges. In this paper, I examined the definition of presidential records and legal status of records copies, authenticity of electronic copies of public records in public and private records systems, nature and scope of presidential privilege of access to his records, and most importantly, political neutrality of national archives. I examined these issues comparing with foreign experience, especially that of the United States which has the Presidential Records Act like Korea. All issues are examined in the professional spirit of archives principles and archives ethics. Legal status of the electronic copies of presidential records is not firmly established and the criminal charge seems groundless. However, it is against public archives principles and ethics that private former president privately possesses and manages private information and national security information held in the electronic copies of the presidential records. Presidential Records Act of Korea provides an effective tool to protect the presidential records for 15 years and it should be respected. It is time to consolidate the public records management institutions in Korea, not to disintegrate them.