• Title/Summary/Keyword: 미국법령

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A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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A Study on Improvement on National Legislation for Sustainable Progress of Space Development Project (우주개발사업의 지속발전을 위한 국내입법의 개선방향에 관한 연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.97-158
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    • 2010
  • The purpose of this paper is to research on the contents and improvement of national legislations relating to space development in Korea to make the sustainable progress of space development project in Korea. Korea has launched its first satellite KITST-1 in 1992. The National Space Committee has established "The Space Development Promotion Basic Plan" in 2007. The plan addressed the development of total 13 satellites by 2010 and the space launch vehicle by 2020, and the launch of moon exploration spaceship by 2021. Korea has built the space center at Oinarodo, Goheng Province in June 2009. In Korea the first small launch vehicle KSLV-1 was launched at the Naro Space Center in August 2009, and its second launch was made in June 2010. The United Nations has adopted five treaties relating to the development of outer space as follows : The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties has come into force. Korea has ratified the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention and the Registration Convention excepting the Moon Treaty. Most of development countries have enacted the national legislation relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. There are currently three national legislations relating to space development in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Ministry of Knowledge Economy of Korea has announced the Full Amendment Draft of Aerospace Industry Development Promotion Act in December 2009, and it's main contents are as follows : (1) Changing the title of Act into Aerospace Industry Promotion Act, (2) Newly regulating the definition of air flight test place, etc., (3) Establishment of aerospace industry basic plan, establishment of aerospace industry committee, (4) Project for promoting aerospace industry, (5) Exploration development, international joint development, (6) Cooperative research development, (7) Mutual benefit project, (8) Project for furthering basis of aerospace industry, (9) Activating cluster of aerospace industry, (10) Designation of air flight test place, etc., (11) Abolishing the designation and assistance of specific enterprise, (12) Abolishing the inspection of performance and quality. The Outer Space Development Promotion Act should be revised with regard to the following matters : (1) Overlapping problem in legal system between the Outer Space Development Promotion Act and the Aerospace industry Development promotion Act, (2) Distribution and adjustment problem of the national research development budget for space development between National Space Committee and National Science Technology Committee, (3) Consideration and preservation of environment in space development, (4) Taking the legal action and maintaining the legal system for policy and regulation relating to space development. The Outer Space Damage Compensation Act should be revised with regard to the following matters : (1) Definition of space damage and indirect damage, (2) Currency unit of limit of compensation liability, (3) Joint liability and compensation claim right of launching person of space object, (4) Establishment of Space Damage Compensation Council. In Korea, it will be possible to make a space tourism in 2013, and it is planned to introduce and operate a manned spaceship in 2013. Therefore, it is necessary to develop the policy relating to the promotion of commercial space transportation industry. Also it is necessary to make the proper maintenance of the current Aviation Law and space development-related laws and regulations for the promotion of space transportation industry in Korea.

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Approach to improve construction management using Information Technology (IT) (정보기술(IT) 기반을 통한 시공관리 선진화 방안)

  • Lee Woo-Bang;Moon Jin-Yeong;Moon Byeong-Suk
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.115-122
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    • 2002
  • There is various points that should be improved in Fairness such as our contract practice to propose construction projects, project managing and the stakeholders' way of thinking and culture. We consider that the revision of construction related provisions and systems is required but even more, an overall change in business management through the implementation of Integrated Construction Information Management System that will enable the owner, which drives the project, and contractor sharing construction information is required. To mange construction related information in an integrated manner, designing information should be smoothly transferred to purchasing information, and changes are required in order to move ahead to process-oriented work system. Finally information created from various construction organizations should be delivered in an aligned and standardized manner as well. The domestic Nuclear Power Plant Construction has been accepting various technology transfers from U.S, France, Canada and UK, which enabled us to self-support technology and recently even proceeded to the phase exporting our technology to others. However, continuous effort is required to improve internal business efficiency and to respond to external environmental change such aselectricity market deregulation. Recently, in accordance with the result in number of CEO's intention to make progress in IT and improve business efficiency, the number of enterprises introducing Enterprise Resource Planning is increasing. ERP is an innovative tool which changes the way of performing work from organization and department orientation to process-orientation in order to optimize the resources, such as human and material resources, through out the Enterprise by performing BPR which will maximize overall business efficiency of the enterprise, such includes not only construction management, but also business management. KHNP continued to performing large scaled construction projects such as nuclear power plant construction for past 30 years and took the initiatives of large scale project management and Quality management ability in domestic industry by having independent capability of over all construction planning, purchasing and, construction and start up management etc. To maintain our leading position of improving construction management technology based on our accumulated project management experience and technology, KHNP included construction into our ERP project in purpose of innovating construction business. We would like to discuss the characteristics of nuclear construction business, project management system, information system infrastructure and information sharing system among construction related entities, and implementation practices for information system, and consider how to resolve our practice that should be improved in this thesis.

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Study on Suggestions for the Nutritional and Hygienic Standards and Guidelines for Quality Certification in Children's Preferable Food (어린이 기호식품 품질인증을 위한 영양 및 위생기준 설정에 대한 연구)

  • Yun, Jee-Hye;Cho, Sun-Duk;Kim, Seo-Young;Lee, Eun-Ju;Park, Hye-Kyung;Kim, Myung-Chul;Kim, Gun-Hee
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.37 no.5
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    • pp.589-597
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    • 2008
  • The purpose of this study is to arrange for the systematic execution of safety control in children's foods through nutrition and hygiene standard suggestions and guidelines for quality certification system in children's preferable food. Aiming to achieve this objective, the study researched the present status of children’s preferable food sold near elementary schools, elicited the hazards and problems of those foods and selected nutritional and hygienic hazard components in those foods. To suggest the standards and guidelines for quality certification in children's preferable food, the study referred to sundry records, surveyed the practical cases of relevant policies and standards at home and abroad. We studied the standard of nutrition for the quality certification in those foods for sugar, fat, sodium, and additives (tar color: red No. 2 in a ban on use, caffeine), microorganism (aflatoxin $B_1$ (${\mu}g$/kg) and pathogenic bacteria (Staphylococcus aureus, Bacillus cereus, Salmonella spp.), which are the nutrients that may hamper health when taken in a large amount, and the standard for a diet restricted to under 200 kcal per one serving size. Results of distribution of processed foods (242 samples) by nutrition standards were as follows. In case of all ‘low’ level in total sugar, total fat and sodium, 0.4% of total samples was possible to be certified, In case of all ‘medium’ level in total sugar, total fat and sodium, maximumly 22.3% of total samples was possible to be certified. In case of all medium level in nutrients and $\leq$200 kcal/serving, 17.8% of total samples was possible to be certified. Certified food types was milk products and beverages.

A Study on the Amendment Scheme of Nutrient Standard Regulations for Infant Formula in Korea (우리나라 영.유아용 조제식의 영양소 규격기준 개선방안 연구)

  • Om, Ae-Son;Lee, Heon-Ok;Moon, Ji-Hea;Shim, Jae-Young;Kim, In-Hye;Won, Sun-Im;Rha, Young-Ah;Choi, Yun-Ju;Lee, Hye-Young;Park, Hye-Kyung;Kim, Myung-Chul
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.36 no.5
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    • pp.569-577
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    • 2007
  • The purpose of the present study was to propose some amendments on nutrient standard regulations of infant formula in Korea. For this purpose, we compared and analyzed the nutrient regulations of Korea, CODEX, U.S.A, Japan, EU, Australia and New Zealand. Some developing aspects of Korea's nutrient standard regulations for infant formula need to be examined as follows: firstly, both milk-based formula and soy-based formula standards would be unified into an infant formula, and the user of infant formula would be categorized for babies less than 6 month old. Secondly, nitrogen conversion factor of milk protein in the infant formula would be 6.38, which is the same as that of CODEX Revised Standard. Protein quantities could be differentiated by protein sources, and essential amino acids in human milk would be standardized according to protein contents. Thirdly, $\alpha$-linolenic acid, docosahexaenoic acid (DHA), and eicosapentaenoic acid (EPA) as essential fatty acids and trans fatty acid would be standardized in terms of the contents. Fourthly, it is recommended that the unit of vitamins and minerals would be changed from g/100 g to g/100 kcal, and individual vitamins and mineral would have their maximum values. Finally, 5 nucleotides (cytidine, uridine, adenosine, guanosine, inosine 5'-monophosphate) and fluoride would be required for the strengthening the immunity and the development of teeth, respectively. In conclusion, the scientific studies on amendment scheme of nutrient standard regulations of infant formula is very important to fortify nutritional completeness for Korean infants and young children.

A study on measures for the mitigation of fire damage in Korea super high-rise building through the improvement of domestic·foreign standards (국·내외 기준개선을 통한 국내 초고층 건축물의 화재피해경감 대책에 관한 연구)

  • Ko, Jaesun
    • Journal of the Society of Disaster Information
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    • v.13 no.2
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    • pp.233-248
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    • 2017
  • Uniform laws and regulations and reasonable design is necessary for the prevention of possible fire in super high-rise building. To this end, this study focused on super high-rise and massive building-related architectural review performance-based design (PBD) evaluation disaster impact assessment (DIA), and provided fire engineering measures for improving fire prevention on the basis of performance-based design by analyzing the buildings subject to these systems and problems in terms of contents. Above all, in the aspect of law and standard improvement, first, with regard to dual parts of two statutes though significant portion of them has the same contents in performance-based design (PBD) evaluation and disaster impact assessment (DIA), it is necessary to operate the systems after making them conform with each other and consolidating or abolishing them. Second, if it is impossible to consolidate or abolish performance-based design (PBD) evaluation and disaster impact assessment (DIA), the areas of contents of performance-based design (PBD) evaluation and disaster impact assessment (DIA) should be precisely classified and established. Next, engineering improvement measures against fire hazard in super high-rise building are as follows. First, it is necessary to revise the provisions of straight-run stairs in special escape stairs. And in case of installing a mechanical smoke exhaust system instead of smoke vent, sandwich pressurization used in the United Stated should be permitted. Second, with regard to smoke control system for special escape stairs, it was shown that there was necessity for revising the standards in order to enable air to be supplied according to section in case of fire, carrying out performance-based design, and the like from the early design stages to the completion stages. In the future, it is expected that an epoch-making contribution will be made to a decrease in casualties and property damage due to fire in case of super high-rise building where the results can be reflected after carrying out a study on maintenance and carrying out an additional study on other considerations of super high-rise building together with reflecting the improvement measures provided in the above-mentioned study.

A Review on the Legal System for Natural Environment Conservation and Protected Areas Status in DPRK (북한의 자연환경 보전 법제 및 보호지역 현황 고찰)

  • Heo, Hag Young;Yu, Byeong-hyeok
    • Korean Journal of Environment and Ecology
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    • v.35 no.1
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    • pp.81-91
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    • 2021
  • The Democratic People's Republic of Korea did not have direct legislation on natural environmental conservation until the early 1970s when the regime was still in the early stage. The Law on Land was enacted in 1977 to provide the legal basis for protecting the natural environment, including land protection, protection zones, and forest formation and protection. The enactment of the Law on Environmental Protection in 1986 made progress on environmental conservation in the DPRK. The constitutional amendment in 1992 stipulated "the preservation and creation of the natural environment as the responsibility of the state." Based on the Framework Law on Environmental Protection, subordinate statutes in various fields were enacted after the1990s. While the committee designated and managed the protected zones in the early days, the Framework Law on Environmental Protection established the ground for the designation of legally protected areas, and the Law on Protection of Scenic Spots and Natural Monuments enacted in 1995, and the Law on Environmental Protection enacted in 2009 provided the details. Furthermore, the types of nature reserves include biosphere reserves, primeval forest reserves, animal reserves, plant reserves, and scenic reserves. The 2nd National Biodiversity Strategy and Action Plan established in 2007 based on the Convention on Biological Diversity(CBD) stated 326 protected zones in the DPRK. However, the 2018 United Nations list of Protected Areas shows only 31 registered zones, indicating the need to establish basic information on protected areas in DPRK. This study can provide basic information for a better understanding of the nature conservation system in the DPRK. Considering that environmental protection activities such as protection of endangered species and recovery of environmental pollution are subject to exceptions under the current sanctions against North Korea (UN Security Council, the United States), it will be possible to contribute to identifying possible inter-Korean cooperation projects in the field of the natural environment.

The Changing Aspects of North Korea's Terror Crimes and Countermeasures : Focused on Power Conflict of High Ranking Officials after Kim Jong-IL Era (북한 테러범죄의 변화양상에 따른 대응방안 -김정일 정권 이후 고위층 권력 갈등을 중심으로)

  • Byoun, Chan-Ho;Kim, Eun-Jung
    • Korean Security Journal
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    • no.39
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    • pp.185-215
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    • 2014
  • Since North Korea has used terror crime as a means of unification under communism against South Korea, South Korea has been much damaged until now. And the occurrence possibility of terror crime by North Korean authority is now higher than any other time. The North Korean terror crimes of Kim Il Sung era had been committed by the dictator's instruction with the object of securing governing fund. However, looking at the terror crimes committed for decades during Kim Jung Il authority, it is revealed that these terror crimes are expressed as a criminal behavior because of the conflict to accomplish the power and economic advantage non powerful groups target. This study focused on the power conflict in various causes of terror crimes by applying George B. Vold(1958)'s theory which explained power conflict between groups became a factor of crime, and found the aspect by ages of terror crime behavior by North Korean authority and responding plan to future North Korean terror crime. North Korean authority high-ranking officials were the Labor Party focusing on Juche Idea for decades in Kim Il Sung time. Afterwards, high-ranking officials were formed focusing on military authorities following Military First Policy at the beginning of Kim Jung Il authority, rapid power change has been done for recent 10 years. To arrange the aspect by times of terror crime following this power change, alienated party executives following the support of positive military first authority by Kim Jung Il after 1995 could not object to forcible terror crime behavior of military authority, and 1st, 2nd Yeongpyeong maritime war which happened this time was propelled by military first authority to show the power of military authority. After 2006, conservative party union enforced censorship and inspection on the trade business and foreign currency-earning of military authority while executing drastic purge. The shooting on Keumkangsan tourists that happened this time was a forcible terror crime by military authority following the pressure of conservative party. After October, 2008, first military reign union executed the launch of Gwanmyungsung No.2 long-range missile, second nuclear test, Daechung marine war, and Cheonanham attacking terror in order to highlight the importance and role of military authority. After September 2010, new reign union went through severe competition between new military authority and new mainstream and new military authority at this time executed highly professionalized terror crime such as cyber/electronic terror unlike past military authority. After July 2012, ICBM test launch, third nuclear test, cyber terror on Cheongwadae homepage of new mainstream association was the intention of Km Jung Eun to display his ability and check and adjust the power of party/military/cabinet/ public security organ, and he can attempt the unexpected terror crime in the future. North Korean terror crime has continued since 1980s when Kim Jung Il's power succession was carried out, and the power aspect by times has rapidly changed since 1994 when Kim Il Sung died and the terror crime became intense following the power combat between high-ranking officials and power conflict for right robbery. Now South Korea should install the specialized department which synthesizes and analyzes the information on North Korean high-ranking officials and reinforce the comprehensive information-collecting system through the protection and management of North Korean defectors and secret agents in order to determine the cause of North Korean terror crime and respond to it. And South Korea should participate positively in the international collaboration related to North Korean terror and make direct efforts to attract the international agreement to build the international cooperation for the response to North Korean terror crime. Also, we should try more to arrange the realistic countermeasure against North Korean cyber/electronic terror which was more diversified with the expertise terror escaping from existing forcible terror through enactment/revision of law related to cyber terror crime, organizing relevant institute and budget, training professional manpower, and technical development.

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The Process of Establishing a Japanese-style Garden and Embodying Identity in Modern Japan (일본 근대 시기 일본풍 정원의 확립과정과 정체성 구현)

  • An, Joon-Young;Jun, Da-Seul
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.41 no.3
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    • pp.59-66
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    • 2023
  • This study attempts to examine the process of establishing a Japanese-style garden in the modern period through the perspectives of garden designers, spatial composition, spatial components, and materials used in their works, and to use it as data for embodying the identity of Korean garden. The results are as follows: First, by incorporating elements associated with Koreanness into the modern garden culture, there are differences in location, presence, and subjectivity when compared to Japan. This reflects Japan's relatively seamless cultural continuity compared to Korea's cultural disconnection during the modern period. Second, prior to the modern period, Japan's garden culture spread and continued to develop throughout the country without significant interruptions. However, during the modern period, the Meiji government promoted the policy of 'civilization and enlightenment (Bunmei-kaika, 文明開化)' and introduced advanced European and American civilizations, leading to the popularity of Western-style architectural techniques. Unfortunately, the rapid introduction of Western culture caused the traditional Japanese culture to be overshadowed. In 1879, British architect Josiah Condor guided Japanese architects and introduced atelier and traditional designs of Japanese gardens into the design. The garden style of Ogawa Jihei VII, a garden designer in Kyoto during the Meiji and Taisho periods, was accepted by influential political and business leaders who sought to preserve Japan's traditional culture. And a protection system of garden was established through the preparation of various laws and regulations. Third, as a comprehensive analysis of Japanese modern gardens, the examination of garden designers, Japanese components, materials, elements, and the Japanese-style showed that Yamagata Aritomo, Ogawa Jihei VII, and Mirei Shigemori were representative garden designers who preserved the Japanese-style in their gardens. They introduced features such as the creation of a Daejicheon(大池泉) garden, which involves a large pond on a spacious land, as well as the naturalistic borrowed scenery method and water flow. Key components of Japanese-style gardens include the use of turf, winding garden paths, and the variation of plant species. Fourth, an analysis of the Japanese-style elements in the target sites revealed that the use of flowing water had the highest occurrence at 47.06% among the individual elements of spatial composition. Daejicheon and naturalistic borrowed scenery were also shown. The use of turf and winding paths were at 65.88% and 78.82%, respectively. The alteration of tree species was relatively less common at 28.24% compared to the application of turf or winding paths. Fifth, it is essential to discover more gardens from the modern period and meticulously document the creators or owners of the gardens, the spatial composition, spatial components, and materials used. This information will be invaluable in uncovering the identity of our own gardens. This study was conducted based on the analysis of the process of establishing the Japanese-style during Japan's modern period, utilizing examples of garden designers and gardens. While this study has limitations, such as the absence of in-depth research and more case studies or specific techniques, it sets the stage for future exploration.