• 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.

• Journal of Environmental Impact Assessment
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• v.31 no.4
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• pp.226-240
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• 2022

Local governments over a certain size in Republic of Korea may conduct Environmental Impact Assessment (EIA) considering regional characteristics if it is necessary, in accordance with Article 42 of the 「Environmental Impact Assessment Act」. However, it was investigated that the number of local government EIA operation in many local governments was less than initial expectations. In order to improve it, the status of ordinances and consultation guidelines which are different for each local government need to be compared, and the institutional issues forthe relevant local governments must be found considering regional characteristics. Furthermore, detailed regulation and guidance on the local government EIA procedure should be included in the consultation guidelines and related information need to be provided. In this study, focusing on the case of Incheon Metropolitan City, the status of local government EIA ordinances in metropolitan cities and provinces with a similar condition was investigated, and the types and scope of target projects were compared and analyzed. In addition, consultation guidelines forIncheon Metropolitan City were written, and improvements on the procedure flow and overall schedule designation derived from the process were presented. In the case of Incheon Metropolitan City, there were no detailed information officially announced regarding the regulations of the local government EIA ordinance and follow-up management, so the administrative system of the local government needed to be reinforced in this field. Meanwhile, considering the status of local environment and geography, some target project types were deemed necessary to be added: port construction projects, water resource development projects, railroad construction projects, and military facilities installation projects. The results of this study will provide useful information to local governments which want to improve their operation effectiveness by reorganizing the local government EIA system and preparing specific guidelines.

• Informatization Policy
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• v.29 no.1
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• pp.24-37
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• 2022

Amid rapid changes in the ICT environment attributed to the 4th Industrial Revolution, the development of information & communication technology, and COVID-19, the existing internet developed without considering security, mobility, manageability, QoS, etc. As a result, the structure of the internet has become complicated, and problems such as security, stability, and reliability vulnerabilities continue to occur. In addition, there is a demand for a new concept of the internet that can provide stability and reliability resulting from digital transformation-geared advanced technologies such as artificial intelligence and IoT. Therefore, in order to suggest a way of implementing the Korean future internet that can strengthen cybersecurity, this study suggests the direction and strategy for promoting the future internet that is suitable for the Korean cyber environment through analyzing important key factors in the implementation of the future internet and evaluating the trend and suitability of domestic & foreign research related to future internet. The importance of key factors in the implementation of the future internet proceeds in the order of security, integrity, availability, stability, and confidentiality. Currently, future internet projects are being studied in various ways around the world. Among numerous projects, Bright Internet most adequately satisfies the key elements of future internet implementation and was evaluated as the most suitable technology for Korea's cyber environment. Technical issues as well as strategic and legal issues must be considered in order to promote the Bright Internet as the frontrunner Korean future internet. As for technical issues, it is necessary to adopt SAVA IPv6-NID in selecting the Bright Internet as the standard of Korean future internet and integrated data management at the data center level, and then establish a cooperative system between different countries. As for strategic issues, a secure management system and establishment of institution are needed. Lastly, in the case of legal issues, the requirement of GDPR, which includes compliance with domestic laws such as Korea's revised Data 3 Act, must be fulfilled.

• Korean Journal of Environment and Ecology
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• v.38 no.1
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• pp.90-107
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• 2024

This study analyzed the status of urban agricultural regulation of metropolitan governments on supporting multi-dimensional values to suggest a direction for improving urban agriculture regulations. Moreover, a Delphi survey was conducted to derive ways to identify improvement opportunities for functions that showed relatively insufficient support for urban agricultural regulations. As a result of the study, 12 out of 17 metropolitan governments and 116 of 226 municipalities have enacted urban agricultural regulations. However, the enactment of urban agricultural regulations has generally declined since 2011. Analysis of the contents of the urban agricultural regulations showed that they focused on matters relating to the creation and expansion of the foundation of urban agriculture. Among the multi-dimensional values of urban agricultural regulations, the foundation for supporting the securing of green spaces and utilizing food production functions was most widely available. On the other hand, the foundation for support of resource recycling, healing and health, social welfare, economic imbalance mitigation, and job creation functions has been shown to be relatively insufficient. A Delphi survey conducted to determine potential measures to improve urban agricultural regulations to support these functions found that 17 of the 18 ordinance improvement measures were valid. Therefore, to revitalize the multi-dimensional values of urban agriculture, it is first necessary to enact new ordinances. Also, to revitalize the multi-dimensional values of urban agriculture evenly, it is necessary to revise the ordinances to include resource recycling, healing and health, social welfare, mitigation of economic imbalances, and job creation functions. In this process, the development of urban agriculture technology, legal review of various urban farming spaces, and fostering of industries related to urban agriculture are necessary. Above all, steady interest in the multi-dimensional values of urban agriculture and the efforts of local governments to foster urban agriculture must be supported.

• Journal of the Korean Institute of Landscape Architecture
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• v.41 no.3
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• pp.1-11
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• 2013

This study investigated Chinese Laws on the kind of urban green spaces and the legal requirements for the green spaces of urban habitat and analyzed the specificities of them intending to provide basic data to suggest bringing in or not the relevant Chinese Laws to Korea. This study can be summarized as follows: First, the concept of Chinese urban green spaces(g.s.) classified by 5 kinds(park g.s., production g.s., protection g.s., attachment g.s., the others g.s.) placed the park and green spaces in the same category unlike the Korean urban green spaces that only distinguishes between park and green spaces. The Chinese Urban Park is classified by 4 kinds(composite park, community park, special park, linear park) at the 'Standard for urban green spaces classification' which is below in rank of the legal system. Second, in case of calculation for green spaces ratio of urban green spaces in China, the green rooftop landscaping area should not be included as a green spaces area except the rooftop of a basement or semi basement building to which residents have easy access. The green spaces requirements and compulsory secure ratio by 3 habitat kinds(habitat, small habit, minimum habitat) of when to act as a residential plan is regulated. Third, the green spaces system is obligated to establish at habitat green spaces plan and is specified to conserve and improve existing trees and green spaces. The green spaces ratio on reconstruction for old habitat is relaxed to be lower than for new habitat and a gradient of green spaces is peculiarly clarified. The details and requirements for establishment and the minimum area intending for each classes of the central green spaces(habitat park, children park, minimum habitat's green spaces) are regulated. Especially at a garden style of minimum habitat's green spaces, intervals between the south and north houses and a compulsory security for green spaces area classifying into two groups(closing type green spaces and open type green spaces) by a middle-rise or high-rise building are clarified. System of calculation for green spaces area is presented at a special regulation. Fourth, a general index(area/person) of public green spaces within habitat to achieve by 3 habitat kinds is determined, in this case, the index on reconstruction for a deterioration zone can be relaxed to be lower to the extent of a specified quantity. A location and scale, minimum width and minimum area per place of public green spaces are regulated. A space plot principle including adjacent to a road, greening area ratio against total area, security of open space and the shadow line boundary of sunshine are also regulated to intend for public green spaces. Fifth, the minimum horizontal distance between the underground cables and the surrounding greening trees are regulated as the considerable items for green spaces when setting up the underground cables. The principle to establish green spaces within public service facilities is regulated according to the kind of service contents. It shall be examined in order to import or not the special regulations that only exist in Chinese Laws but not in Korean Laws. The result of this study will contribute to gain the domestic landscape architect's' sympathy of the research related to Chinese urban green spaces laws requiring immediate attention and will be a good chance to advance into the internationalization of Korean Landscape Architectural Laws.

• Journal of Fisheries and Marine Sciences Education
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• v.10 no.2
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• pp.139-161
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• 1998

This thesis includes a study on the legal regulation, the system and formalities on the control of illegal fishing. And the author analyzed the details of the lists of illegal fishing controlled by fishing patrol vessels of Ministry of Maritime Affairs and Fisheries from 1994 to 1996 in adjacent sea area of Korea. The results are summarized as follows ; 1. The fishing patrol vessels controlled total 826 cases in 2,726 days of 292 voyages by 17 vessels in 1994, total 1,086 cases in 3,060 days of 333 voyages by 18 vessels in 1995 and total 933 cases in 3,126 days of 330 voyages by 19 vessels in 1996. 2. The fishing period of illegal fishing was generally concentrated from April to September. But year after year, illegal fishing was scattered throughout the year. 3. The most controlled sea area of illegal fishing was the south central sea area in the sea near Port of Tongyeong. The sea area occupied about 36~51% of totality and the controlled cases were gradually increased every year. The second was the south western sea area in the sea near Port of Yosu. The sea area occupied about 18-27% and the controlled cases were a little bit increased every year. The third was the south eastern sea area in the sea near Pusan. The sea area occupied about 13~23% and the controlled cases were gradually decreased year by year. 4. The most controlled kind of illegal fishing was the small size bottom trawl. This occupied about 81-95% of totality and the controlled cases were gradually increased year by year. The second was the medium size bottom trawl. This occupied about 4-7% and the controlled cases were gradually decreased year by year. The third was the trawl of the coastal sea, this occupied about 2~4% and the controlled cases were a little bit decreased every year. 5. The most controlled address of illegal fishing manager was Pusan city which occupied about 33-51% of totality. The second was Cheonnam which occupied about 24-29%. The third was Kyungnam which occupied about 16~35%. 6. The most controlled violation of regulations was Article 57 of the Fisheries Act which occupied about 56-64% of totality. The second was Article 23 of Protectorate for Fisheries Resources which occupied about 21-36%. And the controlled cases by it were gradually increased every year.