• Title/Summary/Keyword: 문화재 보존 법규

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Legal Review of Heritage Laws and Regulations (문화재 소관 법령에서 '원형유지' 원칙에 대한 법률적 검토)

  • Hwang, Kwon Soon
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.178-189
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    • 2016
  • This essay explores the ways in which the philosophical concept of "original form" is expressed in relevant laws and regulations, the legal character of respective regulations, the way in which each regulation is applied in practice for heritage management, and the factors required for this concept to serve as a legally binding fundamental principle. The current laws and regulations on heritage maintain a consistent requirement for preserving the original form of heritage, both for the general public and for heritage professionals. However, the principle of preserving original form is expressed as a declaration or imperative without substantive definitions. Consequently, heritage administrators simply follow administrative procedures for heritage conservation, management, and promotion while failing to specify the meaning of "original form." For the practical application of the principle of preserving original form to overall heritage conservation activities as an actual legal principle, further provisions should be added for the purpose of clarifying the principle, with consideration given to the observation of fundamental principles for legal provisions, such as the principles of clarity, equality, and proportion. The principle of preserving original form still functions as the most necessary principle for heritage conservation and therefore should be reestablished as a refined and rational regulatory system.

A Design Aspects of Historic Parks Preserving Buried Cultural Heritages - In the Case of Neunggok Prehistoric Remains Park, Ansan Singil Historic Park, Yongjuk Historic Park - (매장문화재 보존형 역사공원의 설계 양상 - 능곡선사유적공원, 안산신길역사공원, 용죽역사공원을 대상으로 -)

  • Kim, Ki-Uk;So, Hyun-Su
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.37 no.1
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    • pp.12-22
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    • 2019
  • This study derived the design aspects by carrying out the case study of Neunggok prehistoric remains park, Ansansingil historic park and Yongjuk historic park to which are taken measures to preserve undesignated cultural heritages after studying the related laws & regulations and the systems as the design conditions of historic park preserving buried cultural heritages. The results of the study are as follows. First, according to the laws & regulations related to the historical parks, the historic sites should be preserved and utilized at the same time and can have history-related facility spaces, squares, rest spaces, exercise spaces, education & culture space, and convenience spaces. Second, by the space organization and the circulation system emphasizing only the preservation of buried cultural heritages, the feature-preservation space and the functional space are separated and due to not accepting the usage behavior considering peripheral land use, the effectiveness of the historical park was low. Third, the passive feature-preservation methods such as the preservation of the exposed site in architectural methods, the reproduction of the dugout hut, and the planting Royal azaleas or displaying stone after covering up the location of the pit dwellings with soil and the usage mainly for viewing have weakened the identity of the historical park. Fourth, the fence preventing users' access interferes experiencing the features, and the vertical structure protecting the upper part of the exposed features has overwhelmed the landscape of the historical parks. Fifth, it was difficult to figure out the feature space only by the texts mainly on terminologies and the excavation photographs presented on the information signs which introduce the buried cultural heritages.

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 Operation Systems of Preservation & Repair Expenses for Architectural Heritage in Japanese Colonial Era - Focused on Classification of Preservation Cost Construction & Preservation Cost-Aided Construction - (일제강점기 「고건축물」 보존수리 공사비용 운용시스템에 관한 연구 - 「보존비공사」와 「보존비보조공사」 분류체계에 대하여 -)

  • Seo, Dong-Chun
    • Korean Journal of Heritage: History & Science
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    • v.50 no.4
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    • pp.82-103
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    • 2017
  • Systems operating construction expenses for preservation and repair of the architectural heritage may be divided into two in the Japanese colonial era. They are preservation cost nd preservation cost-aided constructions, according to the ownership of a building. Preservation cost construction refers to preservation and repair of government-owned buildings that Japanese Government General of Korea had the ownership and the right of management, and preservation cost-aided construction means preservation and repair of private buildings such as Buddhist temples. In the case of preservation and repair of buildings owned by the government, it was done by the Japanese Government General of Korea, so the same agent executed the budget and managed the properties. They included royal tombs and relics, old government offices, Hyanggyo and some Seowon. On the other hand, in the case of preservation and repair of private buildings, they were private properties, so Japanese Government General of Korea had rights only for permission of preservation and repair. If there was a request for .preservation and repair by an owner, the Japanese Government General of Korea decided on whether it would support its expenses or not and played a role of management and supervision. It applied to Buddhist shrines and pagodas owned by Buddhist temples and shrines and temples owned by individuals and families. Hence, in the case of government-owned buildings, because the preservation cost was spent from the Japanese Government General of Korea's budget for investigation expenses of historical remains or repair expenses of Jeolleung and ruins, they were classified into preservation cost constructions. As for private buildings, the cost was spent from their budget for aiding preservation expenses, so they were classified into preservation cost-aided constructions. Because preservation cost construction and preservation cost-aided construction were conducted by two different agents, there were a little difference in procedures for executing a construction. There was no big difference in the general progress of constructions but was an administrative difference in the kinds of documents submitted and the roles of field supervisors. Such dual systems remained unimproved throughout the Japanese colonial era. The Japanese Government General of Korea was the colonial government so much influenced by the Japanese Government. Most Japanese architectural heritage was owned by Buddhist temples and Shinto shrines and there was almost no building owned by the government, resulting in a unitary system unlike Korea. Heritage system by the Japanese Government General of Korea was established under the influence of Japan regardless of the situation in Korea. Accordingly, Japanese Government General of Korea could not present a definite solution in the bisected system of preservation and repair expenses for the heritage. It shows the limits of the Japanese Government General of Korea in the colonial era.

The Study on the Legal Improvement for Fire Protection in Wooden Architectural Heritage (목조건축 문화재의 화재방호를 위한 법규 개선에 관한 연구)

  • Kim, Dong Cheol;Roh, Sam Kew;Ham, Eun Gu
    • Fire Science and Engineering
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    • v.29 no.1
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    • pp.19-26
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    • 2015
  • This study covers securing legal systems and institutions regarding the standards for installing fire prevention facilities to prevent fire on wooden architectural heritage. Conflicts among relevant laws were revealed and problems related to fire prevention performance, technical standards, responsibilities, etc. in the process of establishing legal fire prevention equipment and the equipment for self-extinguishing were identified through pondering over current legal systems of fire prevention facilities. To resolve the problems, at least the principle to preserve original shapes of wooden architectural heritage should be secured even though fire prevention facilities are installed and the installation process should be regulated by laws considering features of fire on wooden architectural heritage so that fire prevention performance can be guaranteed. The directions to improve installing system through legalization of design, construction, and audit review institutions and legalization of the technical standards for fire prevention facilities were suggested to guarantee performance when establishing fire prevention facilities for wooden architectural heritage.

A Study on Policies for Conservation Measures Based on the Status and Issues of Conserved Remains (보존유적 현황과 문제 인식을 통한 보존조치 제도 연구)

  • So, Jaeyun
    • Korean Journal of Heritage: History & Science
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    • v.53 no.3
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    • pp.110-127
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    • 2020
  • The term "conserved remains" refers to cultural remains that are preserved in accordance with the valuation of buried cultural properties when important remains are recognized in rescue excavations during construction work. South Korea's rapid economic growth and ensuing land development over the past few decades compelled a sharp increase in the number of rescue excavation cases, and, naturally, of conserved remains. Today, an increasingly large number of conserved remains have raised issues, including those concerning land expropriation as well as the management and utilization of such remains, but no clear solutions have been proposed. This study attempts to propose plans for improvement based mainly on the recognition of institutional issues rather than technical issues related to the conservation of cultural remains. This is because the identification and review of institutional deficiencies must be prioritized in order to efficiently manage conserved remains with limited resources and manpower. Among many possible proposals to demand improvement of conservation policies, one that must first be examined under the current system is the rapid transition, or review thereof, of "conserved remains" to "designated cultural properties." Unlike designated cultural properties, conserved remains are merely a temporary means of conservation, because they lack regulations for follow-ups subsequent to preliminary measures. Naturally, deferring the definition of relics as "conserved remains" for extended periods causes numerous problems. Measures to resolve such problems may include establishing a legal system to manage conserved remains at a level similar to designated cultural properties or seeking ways to improve management under the current system. This study focuses on areas where institutional improvement for conserved remains is possible by methods other than through the rapid transition to designated cultural properties and presents several proposals. Currently, conservation measures are divided into three categories: on-site conservation, relocation conservation, and record conservation. This study reclassifies these categories from three into four categories. On-site conservation includes only two categories: conserved remains and the newly-proposed soil-covered remains. Two remaining categories, the relocation conservation remains and the record conservation remains, are presented as classifications in which development projects are possible, and they are presented as alternative conservation types that contrast with on-site conservation. Unlike conserved remains, soil-covered conservation presented as a new category in which development projects are possible.

An Effectiveness Analysis of Landscape Management for the Historic and Cultural Environment Preservation Area of the Pungnammun Gate, Jeonju, by Applying 3D Visual Exposure (3차원 시각노출도를 이용한 전주 풍남문 역사문화환경보존지역의 경관 관리 효과 분석)

  • Lee, Jae-Yong
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.2
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    • pp.30-37
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    • 2018
  • The uniformed regulations for control of the height of buildings owned by individuals to protect landscape of cultural properties are causing serious social conflicts by limiting the development of landowners. It is urgent need of introducing indicators that can resolve such conflicts and evaluate the regulations of buildings, which can satisfy urban development as well as landscape management of cultural properties. Therefore, the purpose of this study is to simulate landscape changes according to the Cultural Heritage Protection Act and National Land Planning and Utilization Act by using Unity3D in the Pungnammun Gate(Treasure No. 308) of Jeonju and its surroundings, where architectural cultural property forms the symbolic landscape of the city. Then some items such as view points, target points were introduced and the quantitative evaluation of landscapes was attempted by applying the indicator of 3D Visual Exposure. As a result, the viewing opportunity and viewing area of Pungnammun Gate were not significantly influenced by changes in landscape according to the two laws. However, the change of the height of buildings by the National Land Planning and Utilization Act, which has the greatest development capacity, confirmed the possibility of weakening the identification of the Pungnammun Gate by increasing 3D Visual Exposure of the background buildings more than two times. Finally, it was confirmed that the skyline of Pungnammun Gate was clearly infringed upon development under the National Land Planning and Utilization Act, but the skyline was maintained similar to the current situation in the regulation by the Cultural Heritage Protection Act. Thus, this study is meaningful in that the application of 3D Visual Exposure showed the possibility of utilization as an indicator for quantitatively evaluating the protection of view on cultural property and skyline according to the changes of building heights.

A Study on the Design of the Appraisal System of Permanent Archival Institutions : Focused on the Seoul Metropolitan Archives (영구기록물관리기관의 재평가체계 설계 연구 서울기록원을 중심으로)

  • Lee, Eunjung;Kim, Dabeen;Kim, Sunyou;Kim, Heejin;Ryu, Hanjo
    • The Korean Journal of Archival Studies
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    • no.76
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    • pp.5-37
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    • 2023
  • This study aimed to design an evaluation system applicable to permanent record management institutions, focusing on the Seoul Archives, in order to implement the reevaluation of permanent record management institutions. As a process for this, an area for evaluating evidence, administrative, and historical values was established and detailed evaluation factors were derived. In order to effectively apply the set evaluation factors, the evaluation procedure was designed by dividing them into three stages. In the first stage of law-based evaluation, long-term preservation was determined by identifying the position and legal form of policymakers that can be immediately evaluated according to clear standards. Records that have not been determined for long-term preservation were reorganized into evaluation factors, such as record management standards, official document classification tables, pledges, and policies, which are the second stage of business function-based evaluation, and then comprehensively applied to review the validity of long-term preservation of held records. In the second stage of evaluation, records that were not judged as long-term preservation were judged by applying historical events, cultural assets, and collection policies in the subject-based evaluation stage, which is the third stage of evaluation. The designed evaluation system can find significance in minimizing the arbitrariness reflected in the evaluation and increasing the efficiency of the evaluation, and it has been confirmed that it is possible to evaluate comprehensively reflecting the various contexts and values of the records. In addition, a re-evaluation system suitable for permanent records management institutions was established by combining balanced macro-evaluation and micro-evaluation.

A Study on the Development of the National Assembly Archives and Records Integrated Management System (국회기록정보 통합관리시스템 개발 방향에 관한 연구)

  • Kim, Jang-Hwan;Lee, Eun Byol
    • Journal of Korean Society of Archives and Records Management
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    • v.15 no.2
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    • pp.103-136
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    • 2015
  • The National Assembly Archives of the Republic of Korea has been using the National Assembly Archives and Records Management System, which added some archival function to the Standard Records Management System that they had previously developed. However, the Standard Records Management System has limits in order to reflect all the business functions of the National Assembly Archives, which also acts as an archival institution, because the system had been developed and distributed to perform the function of a records center. Moreover, the current National Assembly Archives and Records Management System focuses on the management of official records transferred in accordance with the regulations. For this reason, it is difficult to register and manage various record types such as records of the members of the National Assembly (related to legislative activities), oral history collected from the National Assembly leader, audiovisual records of proceedings, and so on. As such, this study analyzed the problems of the current National Assembly Archives and Records Management System and conducted case studies of the systems in the National Archives, the Presidential Archives, Changwon City, and the Cultural Heritage Administration. Through this research, it proposed that system functions, metadata, the target system of the National Assembly Archives, and the Records Integrated Management System need a development plan.

A Study on the Improvement Plan through Current Status of Historical Park in Seoul (서울시 역사공원의 현황 고찰을 통한 개선 방안 도출)

  • Ko, Young-Kwon;So, Hyun-Su
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.34 no.1
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    • pp.107-117
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    • 2016
  • In this study, six historical parks in Seoul is analyzed. Based on the analysis, the representative values of the historical parks in Seoul draw three criteria such as historicity, educational attributes, and sociality, and also the type of historic and cultural resources, spatial functions and arrangements, circulation and accessibility, and the type and usage of introduced facilities. Consequently the current status and improvement plan is suggested as follows. First, cultural assets oriented historical parks such as Sayuksin Bongeun and Seonnongdan historical Park focus on the management based on the preservation of historic and cultural resources. Non designated cultural heritages oriented historic parks such as Shingye Yanghwajin Itaewon-bugundang historic park should focus on the usages the symbolize and commemorate historic and cultural resources. Second, Careful attitudes on the historicity of the park are needed in the mixed type of historic and cultural resources that determine the identity such as Yanghwajin Itaewon-bugundang historic park. Third, the rate of facilities in Bongeun and Shingye historical park is increased due to the renovation of religion facilities, rather than the neighborhood parks. The autonomy of regulations that does not have the limits of the area of park facilities weaken the publicity of the historical parks. Fourth, Shingye historical park suggest changing its name into Danggogae martyrs' shrine historical park. because its historic and cultural resources are included as the historic park is named. Fifth, the current problems such as numerous uncontrolled entrances, mixed uses in circulation, and accessible failure due to the closure are recognized. Therefore, the entrances and circulations should be articulated clearly in order to increase opportunities of experience for visitors in the historic and cultural resources, and also neighborhood facility should be suitably divided. Sixth, the park facilities in the neighborhood parks are introduced equally in Seoul historical parks. The uses and arrangements that considered the circumstance of the historical parks should be determined in the cultural facilities such as outdoor music hall and sporting facilities. Seventh, historic facilities that named historic hall, culture hall, memorial hall, and promotion hall in the historic parks are utilized for convenience and religion facilities. Institutional framework should be examined to keep publicity in the historic parks by spatial privatization of the specific group.