Abstract

This study investigates the limitations of South Korea’s current public records management system, which, despite its comprehensive legal definition of records, primarily recognizes only formally approved documents. Particular attention is given to the exclusion of informal and unstructured records, such as emails, messenger communications, and collaboration platform data, from the scope of official records under the current framework. To address this gap, the study analyzes the legal framework and operational practices of the United States, focusing on the records establishment requirements and the disposition freeze administered by the National Archives and Records Administration (NARA). Through a comparative legal review, the study identifies structural limitations in Korea’s records establishment requirements and disposal prohibition mechanisms under Korea’s Public Records Management Act. Based on this analysis, the study proposes legislative improvements, including redefining the concept of records, introducing a system for designating records subject to management, and formalizing the obligation to create records. This research aims to present directions for institutional design that ensure evidentiary integrity and administrative accountability in the public records system.