• Title/Summary/Keyword: 문화재 관련법

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A study on legal regime relating to ownership of excavated treasure ship (발굴된 보물선의 소유권과 관련한 법제에 관한 연구)

  • 이창우;강신영;이상집;김영구
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2002.11a
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    • pp.27-32
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    • 2002
  • Cultural property Preservation Bureau of Korea excavated the massive shipwreck and her cargo from 1976 to 1984 sunken under Jeungdo Island, Sinan County located int eh southwest area of the Korean peninsula. It was the first systematic underwater excavation in Korea, and one of the richest underwater discovery int eh world. According to the reference materials, more treasure shipwrecks are assumed to be sunk under seaside of Korean peninsula. Such as, Donskoy near Ulleung Island, Kow Shing near Ul Island, and yamashita treasure ship off Korean peninsula, etc. The excavations of these treasure ship are likely to raise ownership dispute between private finders and government authority, and between ship owner and excavater due to lack of knowledge and awareness of related laws and regulation. Therefore, this study aims to examine existing legal regimes related to the excavated treasureship. And also it tries to suggest a new proactive measure to prevent the most likely ownership disputes between interested parties.

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A study on legal regime relating to ownership of excavated treasure ship (발굴된 보물선의 소유권과 관련한 법제에 관한 연구)

  • Lee, Chang-Woo;Kang, Sin-Young;Lee, Sang-Jip;Kim, Young-Gu
    • Journal of Navigation and Port Research
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    • v.26 no.5
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    • pp.511-516
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    • 2002
  • Cultural Property Preservation Bureau of Korea excavated the massive shipwreck and her cargo from 1976 to 1984 sunken under Jeungdo Island, Sinan County located in the southwest area of the Korean peninsula. It was the first systematic underwater excavation in Korea, and one of the richest underwater discovery in the world. According to the reference materials, more treasure shipwrecks are assumed to be sunk under seaside of Korean peninsula. Such as, Donskoy near Ulleung Island, Kow Shing near Ul Island, and Yamashita treasure ship off Korean peninsula, etc. The excavations of these treasure ship are likely to raise ownership dispute between private finders and government authority, and between ship owner and excavater due to lack of knowledge and awareness of related laws and regulations. Therefore, this study aims to examine existing legal regimes related to the excavated treasureship. And also it tries to suggest a new proactive measure to prevent the most likely ownership disputes between interested parties.

The Application of the Principle of "Preserving the Original Form" to Intangible Heritage and Its Meaning (무형문화재 '원형규범'의 이행과 의미 고찰)

  • Lee, Jae Phil
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.146-165
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    • 2016
  • With the introduction of the system of recognizing masters of craft and performance skills in 1970, the principle of "preserving the original form," which was already in general use, was adopted as a legal principle in the Cultural Heritage Protection Act. While the concept "original form" can be related to tangible elements of heritage through the Act, the intangibility of craft and performance skills does not allow their pinpointing at a particular temporal period or the identification of a particular master from the past as the basis of an original form. Therefore, those craft or performance skills that are available at the point of recognition of relevant masters must serve as the basis of the original form for the intangible heritage concerned. This means that the principle of preserving the original form of intangible heritage has been implemented not based on a fundamental form of materiality, but rather on the craft or performance skills that may be held by a master at the time of his/her recognition as a "temporary original form." This principle has been observed through intangible heritage transmission and education policies for recognized masters and their trainees, contributing to establish an elitist transmission environment in which public were denied to join the education on intangible heritage. Even with policies guided by the principle of preserving the original form, designated craft and performance skills have been transformed contingent upon given social and environmental conditions, thus hindering the preservation of the original form. Despite the intrinsic limitations of the principle of preserving the original form when applied to intangible heritage, this principle has served as a practical guideline for protecting traditional Korean culture from external influences such as modernization and Westernization, and also as an ultimate goal for the safeguarding of intangible heritage, engendering actual policy effects. The Act on the Safeguarding and Promotion of Intangible Cultural Heritage that comes into effect in March 2016 takes the constantly evolving nature of intangible heritage into consideration and resultantly adopts a concept of "essential form" (jeonhyeong) in place of "original form" (wonhyeong). This new concept allows for any transformations that may take place in the environment surrounding the intangible heritage concerned, and is intended to mitigate the rigidity of the concept of "original form." However, it should be noted that "essential form," which is manifested as the unique significance, knowledge, and skills delivered by the intangible heritage concerned, should be maintained according to the guidelines and principles related to heritage conservation. Therefore, the new concept can be understood not as a rupture, but more as a continuum of the concept of "original form."

A Study on the Expanded Description Elements for the Management of National Artifacts (국가행정박물 관리를 위한 기술요소확장에 관한 연구)

  • Kim, Jeong-Sim;Roh, Soo-Jeong;Nam, Young-Joon
    • Journal of Information Management
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    • v.41 no.1
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    • pp.145-172
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    • 2010
  • National artifacts has the same physical characteristics to general artifacts and the evidential value which was produced during the public working. National artifacts different from paper and electronic records about physical properties. So it should be doing the expanded process. In this study, the ISAD(G), MODS, RAD and CDWA based on Korean Record Management Law by comparing and analysing of the technical elements was being extracted, The descriptive elements of national artifacts is pull by conclusion of the analysis.

The French Evolution of Protection-Management Systems for Historic Monuments and Their Surroundings over One-Hundred Years: 1913-2016 (프랑스 역사기념물과 그 주변 보호·관리제도의 진화: 1913~2016)

  • Lee, Sujin;Ryu, Je-hun
    • Korean Journal of Heritage: History & Science
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    • v.52 no.3
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    • pp.94-111
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    • 2019
  • This study aims to examine the evolutionary process of the protection-management system for historic monuments and their surroundings in France over one-hundred years. Because France and Korea shared policies and institutions regarding the management of historical monuments (cultural property) along with their surroundings, it is necessary to explore the French experience from a comparative perspective. In France, historical monuments began to be recognized as national heritage according to "the 1913 law" which has continued to evolve for more than one hundred years. In the beginning, a historical monument was preserved as a single building unit; however, since 1943, a new policy has been implemented to preserve sets of historical monuments along with their perimeters of protection zones. Moreover, since 1980, in the context of decentralization, local authorities have been given more roles and autonomy concerning the management of historic monuments and their surroundings. Local authorities have played a key role in the protection-management of historic monuments and their surroundings, and have become more active in the conservation of their architectural heritage, including historic monuments. The central government, however, remains as the headquarters whose rigorous policies provide a solid foundation for the decentralized management system of architectural and cultural heritage, including historic monuments. The final goal in the evolutionary process, then, targets the effective and harmonious integration of the protection-management system for historic monuments and their surroundings into urban and regional planning.

Scientific Analysis of the Historical Characteristics and Painting Pigments of Gwaebultaeng in Boeun Beopjusa Temple (보은 법주사 <괘불탱>의 미술사적 특징과 채색 안료의 과학적 분석 연구)

  • Lee, Jang-jon;Gyeong, Yu-jin;Lee, Jong-su;Seo, Min-seok
    • Korean Journal of Heritage: History & Science
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    • v.52 no.4
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    • pp.226-245
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    • 2019
  • Beopjusa Gwaebultaeng (Large Buddhist Painting), designated as Treasure No. 1259, was painted in 1766 and featured Yeorae (Buddha) at the center in the style of a single figure. It is the longest existing buddhist painting and was created by Duhun, a painter who was representative of 18th century Korean artists. His other remaining work is Seokgayeorae Gwaebultaeng (1767) in Tongdosa Temple. Considering their same iconography, they are assumed to have used the same underdrawing. Duhun had a superb ability to maintain a consistent underdrawing, while most painters changed theirs within a year. The Beopjusa painting carries significance because it was not only painted earlier than the one in Tongdosa, but also indicates possible relevance to the royal family through its records. Beopjusa Temple is also the site of Seonhuigung Wondang, a shrine housing the spirit tablet of Lady Yi Youngbin, also known as Lady Seonhui. Having been built only a year before Beopjusa Gwaebultaeng was painted, it served as a basis for the presumption that it has a connection to the royal family. In particular, a group of unmarried women is noticeable in the record of Beopjusa painting. The names of some people, including Ms. Lee, born in the year of Gyengjin, are recorded on the Bonginsa Temple Building, the construction of which Lady Yi Youngbin and Princess Hwawan donated money to. In this regard, they are probably court ladies related to Lady Yi Youngbin. The connection of Beopjusa Gwaebultaeng with the royal family is also verified by a prayer at the bottom of the painting, reading "JusangJusamJeonhaSumanse (主上主三殿下壽萬歲, May the king live forever)." While looking into the historical characteristics of this art, this study took an approach based on scientific analysis. Damages to Beopjusa Gwaebultaeng include: bending, folding, wrinkles, stains due to moisture, pigment spalling, point-shaped pigment spalling, and pigment penetration to the lining paper at the back. According to the results of an analysis of the painting pigments, white lead was used as a white pigment, while an ink stick and indigo were used for black. For red, cinnabar and minium were used independently or were combined. For purple, organic pigments seem to have been used. For yellow, white lead and gamboge were mixed, or gamboge was painted over white lead, and gold foil was adopted for storage. As a green pigment, atacamite or a mixture of atacamite and malachite was used. Azurite and smalt were used separately or together as blue pigments.

Investigation of Transmission Process for Ultrasonic Wave in Wood (목재 내 초음파 전달 경로 구명)

  • Lee, Jun-Jae;Kim, Gwang-Mo;Bae, Mun-Sung
    • Journal of the Korean Wood Science and Technology
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    • v.31 no.2
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    • pp.31-37
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    • 2003
  • Among the nondestructive evaluation (NDE) methods for wood defect detection, ultrasonic wave has been considered as competitive technique in terms of economics and workability. Until now, researches on application of NDE methods for wood have focused mainly on standing tree and logs. Recently, some attempts have been conducted with NDE technique, for evaluation of wooden structural members. However, wooden structural members are different from others (standing tree or log) in various aspects. Expecially when some parts or whole member are covered with other materials, they can't be evaluated appropriately on general NDE methods. For the purpose of development of proper NDE technique for the wooden structural members, the ultrasonic wave transmission process investigated on artificial defect in wood. First, various types of transmission process were assumed, and then the transmission times were predicted respectively. Predicted times were compared with the measured time of ultrasonic wave and then a suitable type of transmission process is determined. In case of the ultrasonic wave doesn't transmit directly due to defect, it is reflected once only at the opposite surface of member, and the path is accord with the line of shortest length.

The Present Status and the Preservation Method of the Rice Terrace as Scenic Sites Resources in Northeast Asia (동북아시아 계단식 논의 명승지정 현황 및 보전방안)

  • Youn, Kyung-Sook;Lee, Chang-Hun;Kim, Hyung-Dae;Seo, Woo-Hyun;Lee, Jae-Keun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.29 no.4
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    • pp.111-123
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    • 2011
  • This study aims to present the basic materials, which lead us to preserve the Korea Rice Terrace as scenic sites resources and study it continuously, through researching about the present status and the preservation method of the Rice Terrace in Korea, China and Japan. The results of this study are as follows. First, The Rice Terrace has a traditional agricultural technique which minimizing the damage of the scenic view while cultivating the slope. And also, it has the value of one of the Korea unique traditional scenic views. However, The no cultivation land or disappearing desert land of rice terrace were increasing by the disadvantage of operation in land cultivation. Therefore, The Government must need preparing the base of scene resources excavation by executed the established of Korea Rice Terrace Database for preserving of Korea traditional scene. however it is getting to disappearance. And also, The High valued of Rice Terrace by cultural and scenic view which is must managed by designation of scenic sites or monument. Second, The internal and external reference book researched and analyzed results are as followings for understanding about Korea Rice Terrace feature. First of all, The Rice Terrace's dictionary meaning is just difference by each nations. However, Generally speaking that It means the terraced land by cultivated of sloped land. The Rice Terrace has cross relation with mountain valley and piedmont slope cultivation in location of condition. It occurred era is before approximately estimated from 3000 of years until 6000 of years. It can divide two type by topography shape those are slope and valley type. However, The natural element of forest has very big position in this part. But, The Rice Terrace is just managed and designated by the scenic sites with the Cultural Properties Protection Law. It must needs more binding force and effectiveness for the Rice Terrace scenic view plan establishment by scenic laws and farming and fishing village laws etc. I think that it must need the Rice Terrace related law establishment as soon as possible for efficient preservation and management of the Rice Terrace. Third, The Rice Terrace were researched and analyzed results are as followings those were executed at the Korea, China and Japan. The Korea and Japan have good Rice Terrace Characteristic. And also, The high valued scenic sites area were good managed by the Cultural Properties Protection Law as well as the superior scenic valued Rice Terrace in China. Those are also managed by designated scenic sites for protection and preservation positively. Those were managed by each autonomous district management Department. The each nation's related laws of Rice Terrace protection were just little bit different. However, The basic purpose is same. for example, it based on superior scenic view preservation and protection. Especially, The Japan's Cultural Properties Law and Scenic law linkage, and China Autonomous district legislation and effectiveness. The Korea Government must need above elements for Korea Rice Terrace culture and scenic view preservation. Fourth, We need inducing the owner system and the policy of Rice Terrace preservation promotion association for efficient preservation of Rice Terrace in japan. The owner system in japan gives the owner of the land a permission to rent the land to Rice Terrace preservation promotion association and the local government. In this system the village would be revitalized by commons in the way of the management of the terraces, beautifying the area around the terraces and etc. And also, Making the each village management operating system for Rice Terrace management through educating civilization. The civilization could receive quick help from a consultative body comprised of experts such as representatives of Cultural Heritage Administration and professors. And it is in a hurry to solve the problem of revitalization of the region by exchange between cities and the village.

On-Land Seismic Survey of Korea (한국의 육상 탄성파탐사)

  • Kwon, Byung-Doo
    • Economic and Environmental Geology
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    • v.39 no.4 s.179
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    • pp.441-450
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    • 2006
  • The on-land seismic survey in Korea was begun in mid-1960s. Kim et al.(1967) of Korea Geological Survey reported on the result of gravity and seismic reflection surveys conducted in the Pohang area for the period of 1963-64 to assess its possibility of oil entrapment. Hyun and Kim (1966) carried out a refraction survey on the tunnel wall. Since then, the KGS geophysicists had conducted seismic surveys on Kyungsang sedimentary basin as a main project for several years. In 1970s, on-land seismic surveys had been conducted for various purposes such as site investigation for the nuclear power plants and industrial complex, exploration for ground water, mineral resources and underground tunnel. The first reflection survey with CMP acquisition was attempted in 1978 by using a digital recording system. But most of on-land seismic surveys had employed the refraction method until 1980s. In 1990s, high resolution reflection and various borehole seismic surveys such as tomography, uphole, downhole, cross-hole methods have been attempted by universities and engineering companies. The applications of on-land seismic surveys have been enlarged for both academic and industrial purposes such as investigation of geologic structure of the fault and tidal flat area, construction of highway, railroad and dam, geothermal energy and mineral resource exploration, environmental assessment for waste disposal sites and archaeological investigations. In 2002, the first crustal seismic survey was carried out on the profile of 294km length across the whole peninsular. It is expected that the advanced technology and experience acquired through offshore seismic surveys, which have been conducted in continental shelf of Korea and foreign oil fields, will stimulate the more active on-land seismic explorations.

Water ethical reflection of water resources use in Seomjin river basin (섬진강유역 수자원 이용의 물 윤리적 성찰)

  • Lee, Dong-ryul;Kang, Seong-kyu;Choe, Si-Jung;Park, Chang-kun
    • Proceedings of the Korea Water Resources Association Conference
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    • 2020.06a
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    • pp.79-79
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    • 2020
  • 기존과 현행 수자원 관련 의사결정은 법, 정책 및 규정의 틀에서 이루어진다. 그러나 우리나라에서 재현되고 있는 물의 사회적 현안과 갈등들을 생각할 때 이들 의사결정을 위한 틀이 충분한 역할을 하고 있는가에 의문을 제시하고 다른 길을 모색할 필요가 있다. 본 논문은 물 의사결정과 행동을 주도하기 위한 기존 틀의 보완책 또는 새로운 대안으로 섬진강 유역의 수자원 이용 사례를 통하여 물 윤리의 도입과 제도화를 제안한다. 물 윤리(water ethics)는 물 정책, 관리 및 실무 등 실제행동의 복잡한 환경에서 우리의 가치를 적용하기 위해 채택하는 원칙이다. 대부분 물 윤리적 행동선택은 여러 개의 상충되는 가치를 포함하고 있어 원칙이 필요하며, 존중할 가치와 무시할 가치를 선택해야한다. 또한 이러한 가치 결정을 신속하고 효율적으로 수행하여 물 갈등해소를 지원할 필요가 있다. 물 윤리의 가치 영역은 환경, 사회, 경제, 문화, 거버넌스 등 5개로 분류할 수 있다. 섬진강 유역에는 1960년 이후 경제발전을 위하여 섬진강댐, 주암댐, 보성강댐, 동복댐, 동화댐 등 6개의 댐이 건설되었고, 이들 댐에서 확보한 수량의 60%는 섬진강 유역 외의 생·공용수, 농업용수 및 발전용수로 도수되고 있다. 송정지점을 기준으로 연평균 유출량은 댐건설 전·후에 40%로 감소한 것으로 추정되었다. 물 윤리 차원에서 이들 정책은 1960년 정부가 추구했던 경제 가치에 최우선하는 물 관리라고 할 수 있다. 이러한 물 관리는 하류로 흘러가는 수량의 부족을 초래하여 하구 생태계 훼손을 초래하였다. 특히 하구 기수역에서 상류 유입량 감소로 인한 염수의 유입으로 재첩의 생태환경이 악화되어 전통적인 재첩채취 어업문화를 이루어 왔던 어민들이 고충을 겪고 있다. 물 윤리 차원에서 섬진강의 물 관리는 경제와 함께 환경, 사회, 문화 및 거버넌스 가치의 비중을 높일 필요가 있다. 또한 하구의 환경생태 가치 보전에 필요한 환경유량을 확보하기 위해 공업용수와 농업용수 이용 효율성(재이용, 절약, 경제성), 생활용수의 수요관리, 공급시설의 최적 운영 전략을 물 윤리적 차원에서 평가해야한다. 최종적으로 확보된 환경유량의 효과적 활용을 위하여 그동안 물 관리에서 소외되었던 어민을 포한한 지자체, 수공·농어촌공사·한수원 물 관리기관, 중앙정부 등 이해관계기관의 거버넌스 가치를 높여야한다.

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