• Title/Summary/Keyword: 건축제도

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The Obligation of Return Unjust Enrichment or Compensation for the Use of Flight Safety Zone -Seoul High Court Judgment 2018Na2034474, decided on 2018. 10. 11.- (비행안전구역의 사용에 대한 부당이득반환·손실 보상 의무의 존부 -서울고등법원 2018. 10. 11. 선고 2018나2034474 판결-)

  • Kwon, Chang-Young;Park, Soo-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.63-101
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    • 2020
  • 'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

Practical Strategies for Urban Regeneration through an Application of Landscape Urbanism (랜드스케이프 어바니즘 관점에서 본 도시재생 전략 연구)

  • Cho, Se-Hwan
    • Journal of the Korean Institute of Landscape Architecture
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    • v.38 no.2
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    • pp.109-118
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    • 2010
  • This study aims to propose practical strategies for the new urban ideal of regeneration. A book review highlights the emergence of new trends of urbanization in knowledge-information industrial society beyond the new town Ideal of the industrial society. The meaning of ‘landscape’ in landscape urbanism represents not the visual and decorative pictures, but the dynamic process in the context of changes and evolutions. Also, knowledge-information industrial society and landscape have a meaning in the same context of flow and process with changes of velocity. Finally, these key words convey a meaning with the new urban trends of urbanization in knowledge-information industrial society in the context of value-oriented characteristics of dynamics and process. Urban regeneration is emerging as the new urban ideal in the knowledge-information industrial society, beyond the new town ideal of industrial society. It is in the same context as landscape urbanism with respect to green infrastructure buildings and designs for the transformation of urban surfaces covered with concrete and asphalt into the ecological surface, and of the ecological surfaces into the cultural surface that could be communicated with human beings. This research revealed the six strategies for urban regeneration as follows. The First, the strategies for the transformation of urban surfaces into ecological surfaces, the second, the strategies for the transformation of ecological surfaces into cultural surfaces, the third, the introduction of mixed and convergence land use, the forth, the transformation of former sites(e.g. military and factory) into urban parks, the fifth, the introduction of waterfront park zones that have the function of ecological and park-oriented mixed land use and, the sixth, the building and design of green infrastructure in the residential and commercial complex in CBD. These strategies call for the reforms of development laws and regulations to restrict building coverage ratio, building heights, and the introduction of park-oriented mixed zoning regulations. Another method for implementating the above listed strategies was the introduction of a strategic planning system instead of the traditional master plan system. This system uses a value planning approach and brand making by imagery. It is able to construct the meaning of an image and its creativeness directly.

A Basic Study to Establish a Framework Act on Landscape Architecture (조경 기본법 제정을 위한 기초 연구)

  • Shin, Ick-Soon;Koo, Bon-Hak;Byeon, Jae-Sang
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.6
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    • pp.86-97
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    • 2011
  • This study analyzed the necessity of the tentatively-named "Framework Act on Landscape Architecture" as an umbrella law in the field of landscape architecture regarding legal, industrial, and academic aspects and is intended to provide basic data to suggest the optimal legal system and legislative proceedings to control it. This study can be summarized as follows: First, a form of framework act on landscape architecture is appropriate for a compromise between ideal type and political framework. Some content is suitable for proclamatory character including present and future issue related to the landscape architecture fields. Second, legislative proceedings are more reasonable as motions coming from assembly proposals rather than government. Motions by assembly proposal recommend the following procedure: submission of a legislative bill by an assemblyperson, passing of a permanent commission, review by government, leading approval by emphasis on correspondence with the principle to carry out government affairs, proclamation. Third, a frame based on content and form can be made up of a total of 7 chapters 34 articles. The function must include the following: the suggestion of direction for government policy, the systematization of the institution and what it includes, the control of government administration, a public service system regarding public relations for landscape architecture and so on. The results of this study will form a social consensus about the necessity of a framework act regarding landscape architecture fields and contribute to informing the importance of landscape architecture as related to other industrial fields.

Research on Korea Mythology in Korea Subculture Contents (한국 서브컬처 콘텐츠에서 한국 신화에 대한 연구)

  • Yun, Young-Seok
    • Cartoon and Animation Studies
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    • s.41
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    • pp.553-578
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    • 2015
  • The Korean society was forcefully merged with the invasion of Japan in 20th century, and traditional culture of Korea was damaged severely by colonization from Japan. After liberation, Korean society experienced drastic social change with Korean War, and industrial economy and democratic system developed as modernization and democratization occurred. However, Korean traditional culture dissolved more severely as Korean society developed industrial economy and democracy. As criticism of existing Western center of society and the emphasis of cultural identity of non-western regions and third-world, world society preferred exchange of culture of diverse nations and people with each other in advent of postmodernism thoughts in mid-late 20th century. If the cultural identity of Korea was dissolving meanwhile, it was needed to be recovered again. Despite the research in Korean history, language, art, architecture was performed to recover cultural identity of Korea, it did not go in-depth with Korean mythology, for Korean mythology is considered as superstition or savage. Mythology shows subconscious group psychology of people who live in certain specific region. Studying Korean mythology is one of the ways to rediscover cultural identity of Korea. In order for Korean mythology to be known to many people, its stories should be told by media. There were movies, plays, drama, and novels produced based on existing Korean mythology as introduction, then these mythical stories are appear in subculture contents such as recent comics, animation, webtoon, games, and light novels. Then population of game players and webtoon readers increased as dissemination of PC and smart phones, and increasing market scale of subculture contents increased a population of consumers of comics, animation, and light novel. Consumers of sub-culture contents were interested as many of these contents were created, base on Korean mythology. Therefore, this paper is written as research on Korean mythology and its signification in sub-cultural contents which were produced base on Korean mythology.

Contribution of Oswald Veblen to AMS and its meaning in Korea (Oswald Veblen이 미국수학계에 미친 영향과 한국에서의 의미)

  • Lee, Sang-Gu;Ham, Yoon-Mee
    • Journal for History of Mathematics
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    • v.22 no.2
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    • pp.27-52
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    • 2009
  • This article discusses the contributions of the leader Oswald Veblen, who was the president of AMS during 1923-1924. In 2006, Korea ranked 12th in SCIE publications in mathematics, more than doubling its publications in less than 10 years, a successful model for a country with relatively short history of modern mathematical research. Now there are 192 four-year universities in Korea. Some 42 of these universities have Ph.D. granting graduate programs in mathematics and/or mathematical education in Korea. Rapid growth is observed over a broad spectrum including a phenomenal performance surge in International Mathematical Olympiad. Western mathematics was first introduced in Korea in the 17th century, but real significant mathematical contributions by Korean mathematicians in modern mathematics were not much known yet to the world. Surprisingly there is no Korean mathematician who could be found in MaC Tutor History Birthplace Map. We are at the time, to have a clear vision and leadership for the 21st century. Even with the above achievement, Korean mathematical community has had obstacles in funding. Many people thinks that mathematical research can be done without funding rather unlike other science subjects, even though they agree fundamental mathematical research is very important. We found that the experience of early American mathematical community can help us to give a vision and role model for Korean mathematical community. When we read the AMS Notice article 'The Vision, Insight, and Influence of Oswald Veblen' by Steve Batterson, it answers many of our questions on the development of American mathematics in early 20th century. We would like to share the story and analyze its meaning for the development of Korean Mathematics of 21st century.

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The social historic meaning of Gangneung-Ojukhen in Joseon Dynasty (강릉(江陵) 오죽헌(烏竹軒)의 조선시대 사회사(社會史)적 의미)

  • Lee, Sang Kyun
    • Korean Journal of Heritage: History & Science
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    • v.48 no.2
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    • pp.64-81
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    • 2015
  • The Treasure No.165 of Ojukhen is a separate house(別堂) which was still remained as a gentry house in the earliest day. The formative aspects have the important meaning as the history of Korean architecture. Specially the place is famous for Shin, Saim-dang(申師任堂) gave birth to Yulgok(栗谷) Yi, I(李珥). The house was built by one's family of Gangneung Choi clan(江陵崔氏) but Son-in-law inherited the house because there was the practice of inheritance by equal distribution and the mother of Shin, Saim-dang, Yongin Lee clan(龍仁李氏) inherited Gwon, Cheo-kyun(權處均) who was her hrandson under the condition of looking after the tomb. The reason why house name was Ojukhen is that Gwon, Cheo-kyun's another name is Ojukhen. Ojukhen is cultural properties which showed the change of practicing inheritance and ancestral rites. Ojukhen has the special relationship of one's grandson and did not have such of immediate family. This is because there were customs husband had to go to married woman's house and live there during short time. Yongin Lee clan and Shin, Saimdang has lived in the Ojukhen. Yongin Lee clan lived there after marrying. Shin Saimdang also spent a time of living her house after marrying and his son(Yi, I) was born in the place. Yi, I spent their time under Yongin Lee clan and one's mother's parents. Therefore he had a good relationship with his maternal grandmother. This is why his maternal grandmother became a descendant offering sacrifice to his ancestors. The reason why Gwon, Chen-kyun looked after the tomb of Yongin Lee clan was also Gwon, Hwa(權和) became sonin-law who lives with his wife's family. Ojukhen is the showcase of finding the marriage and living manage in the early Joseon Dynasty. The most village of Buk-Pyeong(北坪村) in the Gangneung called by Yi, I's one's mother's parents' home. Since after, the place was changed as the clan village immediate family of Andong Kwang clan(安東權氏) of Gwon, Cheokyun of Chumilgong family(樞密公派). After 17C, there were social historic changings focused on relative group. Ojukhen was the start of changing the clan village. Ojukhen is cultural properties which showed inheritance, relative, marriage in the turning point of Joseon Dynasty.

The Acceptance and Transition of Confucian Gamsil in Joseon period (조선시대 유교식 감실(龕室)의 수용과 변용)

  • Park, Jong Min
    • Korean Journal of Heritage: History & Science
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    • v.44 no.4
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    • pp.56-69
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    • 2011
  • A Gamsil is an ritual instrument which enshrine the ancestral tablets of four lines from late great-great-grandfather and grandmother to late father and mother. This has their soul. Juja's "Garye" informs its structure pattern. It is placed in Sadang and takes the form of a perfectly square box. It partitions four rooms and enshrine an ancestral tablet room by room. They get the ancestral tablets line up from west to east. And they also enshrine the ancestral tablets without his descendant together in Gamsil. A Gamsil is a space to enshrine the ancestral tablets and to place an order within a family. A social status and A family economic power become a standard in making and managing Sadang. Kingdom in Joseon period limited the ancestral tablets considering of his degree of official rank which descendant enshrined. A official servant can be stable economically in getting a stipend and build sadang in the house. While household a little in economic enshrine the ancestral tablets at a Gamsil placed at the a space of private home. His personal circumstances make size and pattern, place change in relation to Gamsil. A Gamsil looks like house in structure and pattern. It has the immortality of the soul. And it changed from a table size to a ancestral tablet size. This Gamsil is comfortable to move and is made considering of the width and height of household. The transition of Gamsil means institutions is in close to a family economic power in social change. Kingdom in Joseon early period makes a policy of a Gamyo's build and an ancestral enshrine in basement of Juja's "Garye". The transition of Gamsil gave a common people limitted socially and institutionally the service of late four lines. Most of people enshrine the ancestral tablets of their four lines in approaching of in the late of Joseon Dinasty. They compromise on their reality and cause. The transition of Gamsil implied many different things in social ; the authenticity search and a dignity expression of his family, the foundation for the diffusion of an ancestral service, a space sharing with ancestor and descendent, the increment of a family economic power etc.

A Status Analysis for the Standards on Permission of Altering Cultural Heritage's Current State Focusing on the Results of Handling Application Cases on Permission of State-Designated Cultural Heritage (Historic Site) for the Last Five Years (2015~2019) (문화재 현상변경 인·허가 검토기준 마련을 위한 실태분석 연구 - 최근 5년(2015~2019)간 국가지정문화재(사적)의 허가신청 안건 처리결과를 중심으로 -)

  • CHO, Hongseok;SUH, Hyunjung;CHOI, Jisu
    • Korean Journal of Heritage: History & Science
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    • v.54 no.3
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    • pp.24-51
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    • 2021
  • Since June 2006, there have been active efforts to systematize the permission system including the amendment of [Cultural Heritage Protection Act]. Cultural Heritage Administration prepared standards on reviewing each type of cultural heritages(CH) in 2015, promoted a project on the modification of permission standards and showed remarkable performances in quantitative aspects. But as there has been little change for the cases applied for permission, additional studies on policy are required to improve the management efficiency and reduce the citizens'inconvenience. In response, this study aims to identify the actual management status on the current state alteration permission system, and establish practically utilizable reference materials at permission review. While historic sites(HS) constitute a relatively small proportion in state-designated CHs, they are subject to the designation of permission standards. Also, with their location in the downtown area, the application rate is high (51.4%) and the results are commonly utilizable to other types of CH. We constructed a DB based on the minutes of Cultural Heritage Committee(CHC) on HS and categorized similar features in permission handling results. The result of the analysis is as follows. Out of a total of 5,243 cases for permission applied for HS, 1,734 cases of cultural heritage areas(CHA) and 3,509 cases of historic and cultural environment preservation areas(HCEPA) have been applied. CHA has a great proportion of the applications for events and festivals, which are highly related to CHs or representing the local area. There is a high permission rate on applications for the purpose of public service by local governments. Meanwhile, HCEPA has a high proportion of applying for the installation and extension of buildings and facilities at the private level. Thus, negative decisions were made for tall buildings, massed facilities, or suspected scattering of similar acts. Our actual condition analysis has identified a total of 78 types of harmful acts which may influence the preservation of CHs. 31 types in CHA and 37 types in HCEPA are categorized. Especially, 10 common types of permission have been confirmed in both sectors. As a result, it is expected to secure consistency in the permission administration, enhance the management efficiency and improve the public's satisfaction over the regulatory administration by providing practically utilizable reference materials for altering the current state of CH and for decision making on the part of CHC.

Comparison of Plant's Growth in Wall Greening Depending on Orientations (방위에 따른 벽면녹화식물의 생육 비교)

  • Kim, Da-Yoon;Cho, Yong-Hyeon;Son, In-Ki;Kim, Yoon-Ho
    • Journal of the Korean Institute of Landscape Architecture
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    • v.49 no.5
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    • pp.71-78
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    • 2021
  • Green areas and the area of available horizontal surfaces are gradually decreasing due to the overcrowding of buildings. It is adversely affecting the urban climate and ecosystem. However, the recognition of the importance of green areas is gradually increasing. As a result, the importance of wall greening using vertical surfaces is growing. However, despite the fact that domestic wall greening guidelines and institutions related to orientations restrict planting. there was no study to determine whether there were actual differences in plant growth due to orientations. Therefore, this study compared and analyzed the plant growth characteristics by orientations to apply actual wall greening to cities. The experiment was conducted from May to September 2020. First of all, three octave walls were constructed to measure the temperature, the illumination, and the length of the plants once a week. The plants included Parthenocissus tricuspidata, Hedera rhombea, and Euonymus radicans cv. Aueonmarinata Rehd plants. As a result of the study, Parthenocissus tricuspidata was prolific in the north, and Hedera rhombea, and Euonymus radicans cv. Aueonmarinata Rehd plants were prolific in the south. All three types of plants were prolific in June-July, and the Parthenocissus tricuspidata was prolific in grass-growing, and in August, all the walls were 100% covered. Hedera rhombea had the lowest rate of herbaceous growth, and the vertical coverate was also lower at an average of 45%, but among the three plants, the sheath of the horizontal surface coverate was the highest. Euonymus radicans cv. Aueonmarinata Rehd was low in the speed of herbaceous growth, and finally, the walls were 100% covered except for the north and northwest directions. It was found that not all plants used for wall greening show the same growth, and the difference in growth varies more depending on plants than the effect of orientations. Therefore, it is better to identify the characteristics of plant growth and plant suitable plants for each directions.

Rationalization Processes in the Entertainment Business on the Modern Theatrical Field - Concerning the Financiers and the Agents from 1907 to the early 1920s - (한국 초기 문화산업사에서 흥행의 합리화 과정에 대한 연구-1907~1920년대 초까지 흥행 주체를 중심으로-)

  • Kwon, Do-hee
    • (The) Research of the performance art and culture
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    • no.35
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    • pp.9-59
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    • 2017
  • This article describes the entertainment business system from 1907 to the first half of the 1920's. The entertainment business began at the time of Empire of Korea with the Imperial Theater called Hyeomnyulsa, which was supported by the emperor's authority and national system and run by the imperial court, especially Gungnaebu. However, after closing the imperial theater, many commercial theaters have been born since 1907, the role of the subject who dominate the entertainment business has been subdivided into financialist and agent. The financialist was replaced by civilians and the capacity of the agent has been strengthened after the introduction of Yeongeukgaeryanglon. In this condition the entertainment business had to be rationalized. In addition, before and after 1912, as the businessmen took part in the entertainment business instead of the government officials and social leaders, the role of entertainment business developed and became equipped with a modern system. Financialist who utilized economic capital was subdivided into the proprietor of a theater, investors, and bosses in the process of mobilizing the necessary funds for the construction, renovation, and repair of the theater, and agents who used cultural capital to practice and maintain performances, on the other hand played a role in expanding the diversity of the show in and outside the theater. In the theatre there was Chongmoo, Johapjang, Chwiche, and Jwadang of Gisaengjohaps, Sinpageukdans, Gyeongseonggupabaeujohap and various XXX Ilhaeng were outside the theater. They participated in the their own way. The financialist and agent used to set up cooperative relations and conflicts. The entertainment business was deepened and developed in the process of resolving the conflicts. However, Performance market could not grow as well as the possibility of a system equipped after 1915. This is because the Japanese imperialists limited the growth of the economic capital and cultural capital of the Koreans and even the composition of social capital. For this reason, Chosun's entertainment business system has grown in proportion to the absolute growth of the box office industry, but it has not developed as much as its potential capacity.