Introduction to the Act on the Management of Presidential Records
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Purpose of enactment
Increase transparency and accountability in state administration by determining matters necessary for the efficient management of presidential records, such as protection, preservation, and utilization of presidential records, and the installation and operation of the Presidential Archives.
Enactment progress
2005. 10 : Confirmed the 'Records Management Innovation Roadmap (draft)' centered on the Government Innovation and Decentralization Committee, and presented 'Presidential Records Management Legislation Reorganization' as a detailed task
2005. 10 : Formed a task force centered on the Government Innovation and Decentralization Committee, the Office of the Secretary to the President for Records Management, and the National Archives of Korea in accordance with the presidential order for the improvement of the Presidential Records Management System.
2007. 04 :「Presidential Records Management Act」 enacted
2007. 07 :「Presidential Records Management Act」 enactment (7.26) and implementation (7.28)
Main contents
Specify ownership and scope of presidential records (Articles 2, 3, 26, and Addenda Article 3)
Records and symbols of the President produced by the President (including the acting president and elected) and their assistants, advisors, bodyguards, and institutions taking over the presidency in connection with the performance of the President's duties
Establishment of a national management system based on the principle of state ownership of presidential records
Collection and management of personal records of the President and records of former presidents
Establishment of electronic production and management system for presidential records (Articles 7 and 8)
presidential job-related policy decisions, and electronic management of non-electronic records
Establishment of management process such as transfer of presidential records (Articles 10-13)
Notification of production status of presidential records to the Presidential Archives every year
Transferred to the Presidential Archives from one year before the end of the term until the end of the term
Active disclosure and utilization of presidential records (Article 16)
Disclosure principles of presidential records and classification of whether or not to be disclosed upon transfer
Undisclosed presidential records are reclassified within 1 year after 5 years have elapsed from the time of transfer, and reclassification is conducted every 2 years thereafter, and disclosure principle when 30 years have elapsed after the end of the production year
Establishment of a thorough protection system for presidential records (Article 17)
Presidentially designated records may not respond to requests for reading, copying, and data submission
Protection measures are provided for records that are concerned about national security risks and undermining national economic stability when disclosed.
In the case of approval by 2/3 of the members of the National Assembly, presentation of a warrant by the Chief Justice of the High Court, and records management by employees, perusal, etc.
Establishment and operation of the Presidential Records Management Committee (Articles 5 and 6)
Established under the National Archives Management Committee to deliberate on matters related to the management of presidential records
Deliberation target : Basic policy on presidential records management, approval of disposal of presidential records and extension of transfer period, cancellation of protection measures for presidential records, reclassification of secret and undisclosed presidential records, etc.
Composition : Within 9 people, including 1 chairperson, but more than 1/2 of external experts with rich knowledge and experience in managing presidential records are appointed
Members must maintain political neutrality, independence and objectivity in the performance of duties.
Establishment and independent operation of the Presidential Archives (Articles 21-25)
Mandatory installation of the Presidential Archives under the Ministry of Public Administration and Security
Professional and independent performance of presidential records management and protection functions
Basic plan establishment, collection/evaluation/disclosure, reclassification of undisclosed records, etc.
Clarification of administrative control, command and supervision, and term of office (5 years) of the President of the Presidential Archives
When an individual or organization establishes a specific presidential records management facility and accepts a national donation, it is recognized as an individual presidential archive.
Enforcement Decree on the Management of Presidential Records
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Introduction to the Presidential Record System
Purpose of the Presidential Designated Records System
The Presidential Designated Records System is a system introduced to preserve and manage presidential records, which are important national assets, and prevent the abuse of not preserving sensitive and important records for political reasons.
Refers to a system that prohibits viewing or making copies of certain records designated by the President for a certain period of time, as well as refusing to comply with requests for data submission under other laws.
※ There are also a systems to protect presidential records that need protection in order to preserve state records in other countries, including the United States, Germany, and France. Germany and France stipulate that presidential records be kept private for 30 years and 60 years respectively, and the United States operates an 'access-restricted record system' similar to Korea's presidential designated records system, and access is allowed for 12 years if the president designates it.
Requirements for presidential designated records (types)
Secret records related to military, diplomacy, and unification that, if disclosed, may pose a serious risk to national security
Records related to domestic and foreign economic policies, trade transactions, and finances that, if disclosed, may undermine the stability of the national economy
Records on personnel affairs of political officials, etc.
Records related to an individual's private life that, if disclosed, may cause infringement on the life, body, property and honor of the indivisual and related persons
Records of communication created between the President and the President's aides and advisory agencies, between the President's aides and advisory agencies, between the President's aides and advisory agencies, and records inappropriate for disclosure
Documents expressing the President's political views or standpoint that could cause political confusion if disclosed
Legal grounds for viewing, copying and data submission
When a resolution in favor of two-thirds or more of the total members of the National Assembly is made
When the chief of the competent high court issues a warrant for the relevant Presidential-designated records
※ However, a warrant shall not be issued if it is judged that it poses a serious risk to national security or seriously impairs the stability of diplomatic relations and the national economy.
When a Presidential Archives employee obtains prior approval from the President of the Presidential Archives as necessary for the performance of records management duties