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Archival Meaning of 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
2022, v.22 no.1, pp.219-235
https://doi.org/10.14404/JKSARM.2022.22.1.219

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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, 법적 증거, 기록 증거, 기록관리, 진본성, 신뢰성

Journal of Korean Society of Archives and Records Management