In the presidential system of government, the president of the Republic of Korea plays a significant role as a leader of country and executive branch. All of his duties, functions, and any related activities are recorded in documentary materials, call...
In the presidential system of government, the president of the Republic of Korea plays a significant role as a leader of country and executive branch. All of his duties, functions, and any related activities are recorded in documentary materials, called “the presidential records.” The South Korean presidents have concerned about the third party abusing the presidential records for their political purposes. In addition, the Korean presidents, who have neglected the importance of Records Management Act, don’t want any documents to be exposed to the public. As a result, the presidents started showing their immaturities by personally possessing or even discarding them.
Presidential Records Management Act, passed in 2007, becomes a foundation for the management of the Korean presidential documents to acknowledge the uniqueness of documents. Specially, restrictions on access to presidential records protect the documents from sensitive and political pressures. The main purpose of Restrictions on Access to Presidential Records is to promote production of presidential records and to maintain them well for the next generation.
And yet, a leak has been found on Restrictions on Access to Presidential Records to the public due to the case of the president Noh, Mu Hyun’s revealing his presidential records and “the rice subsidy” issue. These problems should be addressed immediately because there is a growing concern about them being considered as a symbol of devaluating the importance of presidential records, and we could experience another political abuse like in the past.
This thesis suggests proposing specific ways for organized and systematic maintenance on the Korean Restrictions on Access to Presidential Records Act to balance between disclosure and nondisclosure about the presidential records.
We first examined the laws of the United States about Restrictions on Access to Presidential Records of the Presidential Record Act that independently exists, which it goes along with the Korean Restrictions on Access to Presidential Records. Using real cases in the U.S., we examined and introduced tradition, background, and related political threats of the Presidential Records Act to understand the importance of balancing between protection and disclosure on presidential records.
Furthermore, we compared those examples in the U.S. with that in the Korean Restrictions on Access to Presidential Records, and found out the need of independent and responsible archivists of the nation and president in a proper position. An independent office should also be established and promoted like National Archives and Records Administration. There seem to be ambiguity on the standards about management of presidential records proposed by Presidential Records Management Act, and there should be specific guidelines to address that. Finally, we pointed out current problems related to custody and management of presidential records, and suggested possible improvements, such as guarantees to former presidents’ access to the documents.
In the thesis, however, we only dealt mainly with on-going subjects and proposed solutions to improve without a direct examination on Restrictions on Access to Presidential Records from the government office.
In conclusion, it is likely to encounter many practical problems in the management of Restrictions on Access to Presidential Records since the Korean Presidential Records Management Act was just passed. We should keep addressing those emerging problems through further study and create a reliable management system on Restrictions on Access to Presidential Records.