공공기록물법 개정안 비평: 2024년도 정부입법안을 중심으로

Abstract

This study examines the impact of the proposed amendments to the Public Records Act, submitted as a government bill in August 2024, with a focus on the provisions affecting the public records management system. The analysis considers the implications for the overall records management sector as well as individual institutions and archives. The effects of the proposed amendments are categorized into policy and practical aspects. Policy aspects are expected to bring gradual and overarching changes with minimal immediate impact on operations, while practical aspects are likely to introduce immediate challenges and increase workload in the short term. Provisions with anticipated policy implications include the renaming of the Act to the National Records Act, the introduction of concepts such as non-governmental records, overseas records, and data-type records, the inclusion of quasi-public institutions with limited budgets (schools and certain local government entities), the renaming of central archives to the National Archives of Korea, the bifurcation of public and non-governmental archival institutions, and the establishment of a system for designating specialized records centers for managing non-governmental records. Provisions with anticipated practical implications include recognizing digital records as originals, limiting the scope of information access requests, granting supervisory agencies the authority to inspect and evaluate the records management practices of subordinate agencies, introducing a system for reclassification and reduction of retention periods for records, and increasing the proportion of civilian members in records appraisal committees. This study aims to identify the limitations of the proposed amendments and provide brief recommendations. Regardless of whether the bill is enacted, the findings hold significance in guiding the direction of public records management policies pursued by the National Archives of Korea and serve as a foundation for in-depth analysis and the development of alternative measures in subsequent research.