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http://dx.doi.org/10.9715/KILA.2013.41.4.077

A Study on Analyzing Precedents and Legal System of Landscape Tree Damage by Natural Disasters  

Yu, Joo-Eun (Dept. of Landscape Architecture, Graduate School, University of Seoul)
Lee, Sang-Suk (Dept. of Landscape Architecture, University of Seoul)
Publication Information
Journal of the Korean Institute of Landscape Architecture / v.41, no.4, 2013 , pp. 77-84 More about this Journal
Abstract
With the increase in occurrence frequency and severity of natural disasters due to climate changes arising from global warming, damage in the landscaping field is rising. This leads to legal disputes, and is increasing social and economic damage, too. Especially even though landscape trees which are highly affected by external environments, suffer lots of damage from natural disasters, there is no specific scope of disaster criteria and thus it brings plenty of problems of damage restoration and compensation. Therefore, this study aims to suggest that gives ways to improve related criteria for damage of landscape trees from natural disasters. For this objective, this study analyzed damage cases of landscape trees and precedents, and compared Korean and Japanese legal systems and criteria regarding natural disasters with each other. The analysis result showed that opinions of experts have a great deal of influence on judgment results, since there is no definite legal basis on damage from natural disasters in the landscaping field. This implies the need for a professional and objective appraisal process. According to the comparative analysis of Korean and Japanese legal systems and criteria regarding natural disasters, Korea lacked in laws and criteria on natural disasters of landscape plants in Korea, whereas there were concrete disaster assessment standards of landscape trees in Japan. For improving natural disaster-related systems and criteria in the landscaping field, therefore, this study presented 'Revision of related laws', 'Revision of appraisal and loss assessment criteria', 'Revision of standard specification of landscaping project', 'Compulsory insuring against disasters', 'Reasonable fulfillment of contract', and 'Compulsory cost estimation for disaster restoration', as improvement plans.
Keywords
Disaster Damage Cases; Disaster Judgment Criteria; Types of Disasters; Disaster Prevention; Heavy Rain and Strong Winds;
Citations & Related Records
연도 인용수 순위
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