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Land Law Meaning of the Land Development Permission System (토지개발허가제의 토지법적 의의 -「국토계획법」 제56조를 중심으로-)

  • Lee, Sun-Young;Kim, Sang-Jin
    • Korea Real Estate Review
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    • v.24 no.1
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    • pp.77-90
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    • 2014
  • With the purpose of preventing improper development on the national land, the land development permission system which is performed from 2002 has meaning as a type of limiting the property right, but modification on the details of traditionally understood land ownership is inevitable. Also, releasing the development prohibit on the land not only stop in recovering the freedom for land development, but also can be interpretated as a cause of forming the land development right, therefore the purpose of this study is to develop this into a real right. When we look at the development activity permission as a form of limiting the property right, constitutional problems of basis for that limit and compensation demand can occur. However, that limit can be recovered or relieved through permitting the development activity, therefore the compensation problem can be solved. Due to the development activity permission system, the land development right was separated from the land ownership to be communalized, and now, the land ownership only has condition use right left and don't have the future condition change right in principle, therefore modifying the traditional concept of land ownership is inevitable. By the virtue of the land ownership authority, the land development permission system must have the property to separate the development right as the independent right to be authorized of its legitimacy. Without these properties, the land development permission system cannot satisfy the social necessity of the land development right and its discussion under the category of the land ownership limit theory can't be deviated. In the existing "Civil Law" or in the Land Regulation Law system, there are many difficulties and limits in generalizing the land development right as a real right. Therefore, it is considered that by establishing a social law idea of Framework Act on the Land to characterize the land right theory in the real right theory, the land development permission system or the development right theory should be studied and developed independently and systematically.

The Diaspora Narrative and Aesthetics in Handol's Tarae (한돌 타래의 디아스포라 서사와 미학)

  • Shin, Sa-Bin
    • Journal of Popular Narrative
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    • v.26 no.3
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    • pp.189-219
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    • 2020
  • This study is an analysis of Handol Heung-Gun Lee's Tarae, which is a coinage combining the Korean words for "playing an instrument" and "song", in terms of narrative and aesthetics. The components for analysis are the phenomena and nature of binary oppositions between nature and human beings, between alienation and interest, between division and unification, and between diaspora and people of the national community. Tarae in the period from the late 1970s to the early 1990s described the experience of pain and loss from non-resistance and disobedience in protest against social problems that emerged during the era of miliary dictatorship, such as industrialization, urbanization, reckless development, Westernization, university-oriented education, the gap between rich and poor, human alienation, and the conflicts arising from the division of the nation. After Handol overcame the lack of creative motivation with self-reflection and effort, Tarae took the form of a diaspora epic meta-narratives integrating the "sound of nature and his true nature" and "the awareness of diaspora and the spirit of the Korean people". The epics of the homeland, the national soil and the people, which began with "Teo", became more intense in terms of a sense of diaspora as they shifted their focus from an origin to a path with "Hanmoejulghi" as the turning point. Handol seeks inspiration in the source of narrative rather than in music. His Tarae focuses on "adding rhythm for lyrics". For this reason, the semiotic features of Tarae have a limitation in that its extrinsic phonology is simple even if its intrinsic meaning (i.e., emotion of sadness) is profound and subtle. In order to elicit sympathy from the audience and impress them, it is necessary to strike a balance between the implicit (semantic) part and the explicit (phonological) part. To share the emotion of sadness with more people, it is necessary to strengthen phonological elements. Sympathy for sadness and deep impression on the audience are more often induced by the mood of similar sentiments than by the stories of the same experience. The aesthetics of sadness in Tarae began with the narratives of past experience which were expressed in the contexts of loss, loneliness, and poverty that Handol had experienced since childhood. However, the aesthetics of sadness, deepened over the period of a long hiatus in Handol's career as a composer, formed the narratives of ultimate salvation, embodying even the diaspora experience of others (e.g., displaced people, overseas adoptees, ethnic Koreans in Russia, victims of Japanese military sexual slavery, etc.). This gave Tarae the potential to go beyond the limits of the ethnic group of Korea. Tarae, as a "dispersed sound", can benefit from the appeal of deep sadness at the point of contact with other forms of world music. It may form a global diaspora discourse because Tarae is oriented towards interculturalism rather than anti-multiculturalism. The future challenge and goal of Handol's Tarae would be to continue to find areas of sympathy and broaden the horizon of awareness as diaspora music.

Effectiveness Enhancement Measures for Local Government Environmental Impact Assessment (EIA) by Improving Small-scale EIA Institution (소규모 환경영향평가 제도개선을 통한 지자체 환경영향평가 효과성 증진방안)

  • Jongook Lee;Kyeong Doo Cho
    • Journal of Environmental Impact Assessment
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    • v.32 no.1
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    • pp.15-28
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    • 2023
  • In the Republic of Korea, the target project scope of the small-scale EIA is stipulated as the plan area above around 5,000~60,000m2 depending on a type of project and classification of land use. Whereas, the lower limit of the corresponding local government EIA project is generally located above the small-scale EIA's limits, and overlapping ranges exist. This situation has been enlarged since road construction and district unit planning were included as the target projects for small-scale EIA in the "Enforcement Decree of the Environmental Impact Assessment Act", which was partially revised in November 2016, and the current consultation system needed discussion in that small-scale EIA is allowed to be done without gathering review opinions at the local level. In fact, projects subjected to local government EIA but consulted as small-scale EIAs may seem insignificant because of a small number of total cases; however, it is worth paying attention to the fact that a local government may not add a target project due to the small-scale EIA. This study suggested the three policy measures for improving small-scale EIA to enhance the effectiveness of local government EIA: supplementing the institutional arrangements to incorporate the review opinion from the local region in small-scale EIA, giving priority to local EIA for conducing the projects in overlapping ranges with partial amendments on EIA law regarding exceptions to local government EIA, including small target projects (not to be small-scale EIA targets) to the ordinance that are deemed necessary to be conducted as local government EIA. Even though a positive function of small-scale EIA has been confirmed, efforts should be made to improve the situation in which many projects within local governments are consulted without review from the region.