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The Multi-door Courthouse: Origin, Extension, and Case Studies (멀티도어코트하우스제도: 기원, 확장과 사례분석)

  • Chung, Yongkyun
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.3-43
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    • 2018
  • The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

Research Trends on Soil Erosion Control Engineering in North Korea (북한의 사방공학 분야 연구동향 분석)

  • Kim, Kidae;Kang, Minjeng;Kim, Dongyeob;Lee, Changwoo;Woo, Choongshik;Seo, Junpyo
    • Journal of Korean Society of Forest Science
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    • v.108 no.4
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    • pp.469-483
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    • 2019
  • North Korea has experienced floods and sediment-related disasters annually since the 1970s due to deforestation. It is of paramount importance that technologies and trends related to forest restoration and soil erosion control engineering be properly understood in a bid to reduce damage from sediment-related disasters in North Korea, and to effect national territorial management following unification. This paper presents a literature review and bibliometric analysis including 146 related articles published in North Korea. First, we analyzed the textual characteristics of the articles. We then employed the VOSviewer software package to classify the research topic and analyzed this topic based on the time change. The results showed that articles on the topic have consistently increased since the 1990s. In addition, research related to soil erosion control engineering has been classified into four subjects in North Korea: (i) assessment of hazard area on soil erosion and soil loss, sediment related-disasters; (ii) hydraulic and hydrologic understanding of forests; (iii) reasonable construction of soil erosion control structures; and (iv) effects and management plan of soil erosion control works. The proportion of research related to the (ii) hydraulic and hydrologic understanding of forests had been significant during the reign of Kim Ilsung. However, the proportion of research related to the (i) assessment of hazard area on soil erosion and soil loss, sediment-related disasters, increased during the reign of Kim Jongil and Kim Jongun. Using these results, our analysis indicated that an interest in and need for soil erosion control engineering in North Korea has continually increased. The results of this study are expected to serve as a basis for preparing forestry cooperation between North and South Korea, and to serve as essential data for better understanding soil erosion control engineering in North Korea.

Clarifying the concept of praxis in Family and Consumer Science Education -In focusing of the concept of phronesis in Aristotle's Nicomachean Ethics- (아리스토텔레스의 덕론에 기초한 가정과교육에서의 실천 개념 고찰을 위한 시론 (I) -실천적 지혜(phronesis)와 다른 덕과의 관계에 대한 논의를 중심으로-)

  • Yoo, Tae-Myung
    • Journal of Korean Home Economics Education Association
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    • v.19 no.2
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    • pp.13-34
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    • 2007
  • This study approached the concept of practical or praxis in Family and Consumer Science based on the review of the concept of phronesis in Aristotle's Nicomachean Ethics. Aristotle divided human soul into rational part and irrational part. A virtue related with rational part is intellectual virtue and a virtue related with irrational part is moral virtue. Rational part is divided into calculative part and scientific part. Phronesis is one of an intellectual virtue in calculative part of soul. Aristotle defines phronesis as a state of soul that issues in praxis. Phronesis in narrow sense is a virtue which leads to praxis and it is differ from either sophia or techne. Phronesis in broad sense it includes both praxis and poiesis. Phronesis is closely related with moral virtue. Because moral virtues are habits according to right reason, hence right reasons should be considered, and this is intellectual virtue. It is called for attention that what the concept of practical or praxis in Family and Consumer Science Education should be for the determination of the relation with Practical Arts and Technology. This study proposed a tentative conceptualization of praxis and phronimos in context of Family and Consumer Science Education.clothing planning and the most categories(83.3%) had connections of repetitions. In the clothing material section, categories evaluated as gaps and developments were 55.6% and 44.4%. The clothing construction.

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Roots Growth Characteristics of Zelkova serrata Makino. after Replanting in the Reclaimed Land from the Sea - On the Root Structure and Spatial Distribution of Fine Root Phytomass - (임해매립지의 느티나무 식재 이후 뿌리 생장특성 -뿌리구조 및 세근의 공간적 분포를 중심으로-)

  • Kim, Do-Gyun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.35 no.5
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    • pp.46-55
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    • 2007
  • This study was carried out to analyze both the root structure and the fine root phytomass of the vertical and horizontal distribution of Zelkova serrata Makino. which was transplanted in the reclaimed land from the sea in Gwangyang, Jeonnam, South Korea. The base ground was reclaimed land from the sea. $Z_1$ of the planting ground was filled to a $100{\sim}150cm$ thickness with the improved soil instead of the reclaimed soil from the sea, $Z_2$ of the planting ground was covered to a $20{\sim}30cm$ thickness with the improved soil and $Z_3$ of the planting ground was mounded to 120cm thickness with the improved soil on the reclaimed land from the sea. In addition, $Z_4,\;Z_5\;and\;Z_6$ of the planting grounds were at the large-sized mound on the reclaimed land from the sea. $Z_4$ of the planting ground was located at the lowest level, $Z_5$ planting ground was located at the slope and $Z_6$ planting ground was located at the top of the large-sized mound. The large-sized mounds contain 3 layers, the base layer was reclaimed land from the sea and the second layer was mounded to a $200{\sim}300cm$ thickness with the desalinized soil from the sea on the base layers and the finally layers were mounded to a $80{\sim}120cm$ thickness with improved soil on the second layer. The planting grounds $Z_3,\;Z_4,\;Z_5\;and\;Z_6$ developed roots such as tap roots, lateral roots and heart roots. However, in $Z_1\;and\;Z_2$ roots development were inhibited. The fine-root phytomass of the 6 planting ground types was as follows: $113.5g\;DM/m^2$ for $Z_5$, $105.5g\;DM/m^2$ for $Z_4$, $88.3g\;DM/m^2$ for $Z_3$, $81.0g\;DM/m^2$ for $Z_6$, $73.0g\;DM/m^2$ for $Z_2$, $43.3g\;DM/m^2$ for $Z_1$. The vertical distribution of the fine root phytomass decreased from the upper to the deeper soil profiles in the 6 mound types. The fine root phytomass was $43.3{\sim}71.8%$ in a $0{\sim}20cm$ thickness of soil layer and it decreased according to the distance from the nearest trees. The root growth in the improved soil was better than in the reclaimed soil from the sea. However, root growth decreased more in the disturbed soils even though the planting grounds contained the improved soils. The retarded development of roots and the spatial distribution patterns of the fine root phytomass were closely connected to the reclaimed soil from the sea. In the disturbed soil, the soil hardness and alkalic cation($Na^+,\;K^+,\;Ca^{2+},\;Mg^{2+}$). were high and the soil water was lacking. We suggest that the construction of planting grounds and the improvement of bad soil are necessary for the proper and effective growth of landscaping plants.

Patterns of Snake Roadkills on the Roads in the Northeast Region of South Korea (남한 동북부지역 도로에서 뱀류 로드킬의 양상)

  • Park, Daesik;Jeong, Soo-Min;Kim, Seung-Kyu;Ra, Nam-Yong;Lee, Jeong-Hyun;Kim, Ja-Kyeong;Kim, Il-Hun;Kim, Dae-In;Kim, Seok-Bum
    • Korean Journal of Environment and Ecology
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    • v.31 no.1
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    • pp.42-53
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    • 2017
  • One of the negative ecological effects following road construction is roadkill; animals die on the roads after being struck by vehicles. Roadkills have been a major concern in South Korea due to the large mountain areas in the country and have been mentioned as a causal factor for the decline in wildlife. Although snake roadkills frequently occur, as with mammals, birds, and amphibians, there are not many related studies done on snake roadkills. In this study, we determined snake roadkill patterns in the northeast part of South Korea including most of the Gangwon-do areas and parts of Gyeonggi-do, Chungcheongbuk-do, and Gyeongsangbuk-do by analyzing the snake roadkills found between May 2007 and Aug 2012. We identified a total of 155 roadkilled snakes from 10 different species. Red-sided water snake (Rhabdophis tigrinus), Red-tongue viper snake (Gloydius ussuriensis), Cat snake (Elaphe dione), Red-banded snake (Dinodon rufozonatus), and Viper snake (Gloydius brevicaudus) accounted for more than 90% of the total cases. It was found that more active forager snakes were killed than sit-and-wait foragers, more male snakes were killed than female snakes, and more adult snakes were killed than subadult snakes. The snake roadkill frequency was the highest in September between the altitudes of 200 and 400 m, and on roads between either a mountain and a body of water or between a mountain and a crop field. Our results are expected to enhance the understanding of snake roadkills in general and to determine the areas, specific sites and species for planning projects for snake roadkill reduction in the northeast of South Korea.

Site Selection of Wildlife Passage for Leopard Cat in Urban Area using Space Syntax (공간구문론을 이용한 도시 내 삵 이동통로 적지선정)

  • Park, Jong-Jun;Woo, Dong-Geol;Oh, Dae-Hyun;Park, Chong-Hwa
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.1
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    • pp.92-99
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    • 2012
  • Many wildlife habitats have been destroyed and fragmented during the rapid industrialization and urbanization process in Korea. It is essential to connect these fragmented habitats to reduce road-kill of many types of endangered urban wildlife. The site selection for wildlife passages must take into account the behavior of the wildlife species for safe crossing utilizing many artificial barriers in urban areas. This study attempted to identify potential wildlife passage sites for the endangered and protected leopard cats of Gangseo Ecological Park in Seoul, Korea. A space syntax analysis, an analytical technique to objectively evaluate the spatial configurations related to passage selection, found that the integration value represents the accessibility and connectivity of spaces. In this paper, this means that the bigger the integration value, the more frequently the leopard cat passes through. The leopard cats were captured and radio-tracked for 72 hours once a month from March to June of 2009. The ArcGIS and Animal Movement of Hawth Tools were used to analyze the home range and movement paths, and Axwoman 4.0 was used to analyze space syntax. The daily average movement distance was $2.099{\pm}1.08km$. During the survey period, the leopard cats crossed over an urban expressway more than 20 times, running the risk of road-kill. The range of global integration values was 0.458~1.834, while that of the local integration was 0.210~6.061. Five sites that met across the leopard cats' movement routes and roads were selected to measure the local and global integrate values. Among these sites, the higher the integration value, the higher the road-kill possibility. Thus, two of five sites with high global and local integration values were suggested as potential wildlife passage sites for the leopard cats. Now, three tunnel passages are under construction at the suggested sites for which local integration value was highest (LI=4.369). Further studies are scheduled to verify these potential sites as suitable wildlife passages.

Garden Construction and Landscape Characteristics of the Seochulji Pond Area in Gyeongju during the Middle of the Joseon Dynasty (조선 중기 경주 서출지(書出池) 일원의 정원 조영과 경관 특성)

  • Kim, Hyung-suk;Sim, Woo-kyung
    • Korean Journal of Heritage: History & Science
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    • v.52 no.2
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    • pp.62-79
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    • 2019
  • This study examined the background of Gyeongju Seochulji Pond (world heritage, historic site No. 138), a historic pond in Sam-guk-yu-sa (三國遺事), and its landscaping period when it served as the garden of the Pungcheon Lim clan (豊川 任氏) in the middle of the Joseon dynasty. For this study, a literature review of poetry, prose, and a personal anthology, and a field survey were conducted. Changes in the landscape were analyzed by comparing the landscape appearing in the literature of the Joseon period with past photographs. The results were as follows: First, even though the function and landscape at that time cannot be guessed as the objective ground from Silla to the early part of the Joseon dynasty is insufficient, it has been managed as a Byeolseo (別墅) garden as Pungcheon Lim's family resided in the area of Eastern-Namsan Mountain during the Joseon dynasty. At that time, Seochulji Pond was recognized as a historic place. It functioned as the garden of Pungcheon Lim's family as Lim Jeok (任勣, 1612~1672) built the Yiyodang pavilion (二樂堂). Second, in the literature, the Yiyodang pavilion has been called Gaekdang (客堂), Jeongsa (精舍), Byeolgak (別閣) and Byeolseo, etc. It can be seen as Nu and Jeong (樓亭), utilized for various uses. Because of this, the name Bingheoru Pavilion (憑虛樓) has mostly been in common use. Third, Seochulji Pond was positioned where the scenery is beautiful, with Gyeongju Mt. Namsan (Mt. Geumo) in the background and with a wide field and the Namcheon River flowing in the front. This was typical of Byeolseo gardens of the Joseon dynasty, combining human environments with natural environments. Fourth, the relationship with the Byeolseo garden disappeared as the head of Pungcheon Lim's family added a temple, lotus flowers, pine trees, and a bamboo forest as described in the old poetry and prose. Currently, the landscape does not appear to be significantly different from that as development has not occurred in the area of Seochulji Pond. Also, crape myrtle (Lagerstroemia indica), which now symbolizes the Seochulji Pond, was not identified in the old poetry or past photographs and is not old enough to confirm whether it was prominent at the time. Through this study, it is necessary to reconsider the spatial meanings of the gardens of the Joseon dynasty period and not to highlight the area of Seochulji Pond as a place in the legend. This is a cultural asset in the area of Eastern-Namsan Mountain and has an important meaning in terms of garden history.

Estimation of Domestic Greenhouse Gas Emission of Refrigeration and Air Conditioning Sector adapting 2006 IPCC GL Tier 2b Method (국내 냉동 및 냉방부문 온실가스 배출량 산정 - 2006 IPCC GL Tier 2b 적용 -)

  • Shin, Myung-Hwan;Lyu, Young-Sook;Seo, Kyoung-Ae;Lee, Sue-Been;Lim, Cheolsoo;Lee, Sukjo
    • Journal of Climate Change Research
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    • v.3 no.2
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    • pp.117-128
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    • 2012
  • The Government of South Korea has continued its effort to fixate virtuous circle of economic growth and climate change response to cope with international demands and pressure to commitment for greenhouse gas reduction effectively. Nationally, Korean Government has established "Enforcement of the Framework Act on Low carbon, Green Growth"(2010. 4. 13) to implement national mid-term GHG mitigation goal(30% reduction by 2020 compare to BAU), which established the foundation for phased GHG mitigation by setting up the sectoral and industrial goal, adopting GHG and Energy Target Management System. Also, follow-up measures are taken such as planning and control of mid-term and short-term mitigation target by detailed analysis of potential mitigation of sector and industry, building up the infrastructure for periodic and systematic analysis of target management. Likewise, it is required to establish more accurate, reliable and detailed sectoral GHG inventory for successfully establishment and implement the frame act. In comparison to the $CO_2$ emission, Especially fluorinated greenhouse gases (HFCs, PFCs, $SF_6$) are lacking research to build the greenhouse gas inventories to identify emissions sources and collection of the applicable collection activities data. In this study, with the refrigeration and air conditioning sector being used to fluorine refrigerant(HFCs) as the center, greenhouse gas emission estimation methodology for evaluating the feasibility of using this methodology look over and mobile air conditioning, fixed air conditioning, household refrigeration equipment, commercial refrigeration equipment for the greenhouse gas emissions were calculated. First look at in terms of methodology, refrigeration and air conditioning sector GHG emissions in developing country-specific emission factors and activity data of the industrial sector the construction of the DB is not enough, it's 2006 IPCC Guidelines Tier 2a (emission factor approach) rather than the Tier 2b (mass balance approach) deems appropriate, and each detail by process, sectoral activity data more accurate, if DB is built Tier 2a (emission factor approach) can be applied will also be judged. Refrigeration and air conditioning sector in 2009 due to the use of refrigerant greenhouse gas emissions ($CO_2eq.$) assessment results, portable air conditioner 1,974,646 ton to year, fixed-mount air conditioner 1,011,754 ton to year, household refrigeration unit 4,396 ton to year, commercial refrigeration equipment 1,263 ton to year was estimated to total 2,992,037 tons.

A Review of Salvage Archaeology in Korea and a Joint Research and Excavation Plan for North Korean Cultural Heritage (남북 문화유산 조사 현황과 공동조사를 위한 제언)

  • Choi, Jongtaik;Seong, Chuntaek
    • Korean Journal of Heritage: History & Science
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    • v.52 no.2
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    • pp.20-37
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    • 2019
  • Three Inter-Korea summits and a North Korea-USA summit that were previously unexpected provide a basis for an optimistic outlook for the future development of Korean archaeology. While Korean archaeology has witnessed a great advance since the mid-20th century, it also exhibits significant weaknesses in explaining cultural changes in prehistory and the early historical period in the Korean Peninsula due to the paucity of information on archaeological evidence of North Korea. Recent development of favorable conditions for research and excavations of North Korean cultural heritage could be a valuable opportunity for Korean archaeology to overcome the current adversity. Especially, given the expected large-scale SOC industrial project in North Korea, we need to prepare for the systematic research and excavation of archaeological materials. The present essay attempts to provide a suggestion for the joint archaeological expeditions to excavate and manage cultural resources in North Korea based on a critical review of previous salvage excavations in South Korea, such as those conducted before the construction of the Korean rapid transit railway system (KTX). We suggest that professional archaeologists should be included in the project and oversee the planning and design of road and railway constructions and other SOC projects in order to minimize the cost of trial and error processes that were well exemplified by the KTX salvage excavations. The Korean Archaeological Society and North Korean Archaeological Society may organize a common association that will supervise joint archaeological expeditions. Importantly, The Korean Archaeological Society and other related institutions should prepare to build an organization that conducts impending archaeological excavation in North Korea. While we likely face challenges and difficulties during the various stages of archaeological research and excavations in North Korea, only through thorough and systematic preparation can we avoid the destruction of valuable cultural heritage and find an opportunity for the further development of Korean archaeology.

The characteristics of capital city plan of the BianLieng palace, the Dongjing Walled Town (東京城), the Northern song Dynasty (북송 동경 변량성의 조영과 특징)

  • Dashu, Qin
    • Korean Journal of Heritage: History & Science
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    • v.45 no.3
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    • pp.114-159
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    • 2012
  • The Northern Song Dynasty Period (北宋時代) was a drastic transitional era in all aspect of Chinese society including the politico-economic system, ideology and cultural trait. These changes that began in the late Tang (唐) Dynasty Period accomplished in the Northern Song Dynasty. In this phase, the fundamental change influenced in all institutional area; and among them, the capital city planning and its associating building technology to pile stone walls shows one of the significant change of those time. Based on the geographical factor, confluences of many rivers, the Kaifeing (開封) area where the BianLieng palace had developed as a political and economical centre since the Tang Dynasty when the Grand Canal was constructed. According to archaeological researches, the central city structure of Dongjing Walled Town was begun to plan in the late Tang Dynasty and formed in Five Dynasties. The fundamental functional change of city completed in the Midnorthern Song Dynasty. In spite of the relatively late beginning of archaeological investigations to Kaifeng Walled Town and Dongjing Walled Town due to unfavourable natural environment, excavations inaugurated since 1981 have achieved the significant investigations including the actual measurement and excavation to the outer wall, the preliminary excavation to the inner city area, the investigation and excavation to the royal palace of Song and the survey to the royal palace of King Zho in the Ming (明) Dynasty. These surveys have provide important data to reconstruct the 변량 palace, and elucidate the characteristics of city plan in the Dongjing Walled Town and the institutional change of capital city plan of the Northern Song Dynasty. The basic layout of Dongjing Walled Town reflect the realisation of ideality of the late Chinese medieval capital city structure that establish the commercial and economic centre based on the intensification of emperor's power by means of the organisation of ethical institution and the development of commercial economy. Firstly, the central place of the Kaifeng area is encircled with triple walls. This emphasise the authority of emperor located on the summit in the hierarchical ethic system succeeding to the main capital city plan of the late phase of ancient China. Secondly, the location of Dongjing Walled Town was decided by the transport network and the commercial function and defence function. Thirdly, this site shows the change of city structure and landscape of the Northern Song Dynasty. The closed Fengri (坊里: block) system transferred the open Jiexiang (街巷: road) system. Fourthly, the capital city was characterised by the free market trade and the diversification of market place. Fifthly, a convenient transport network in the Bian River, a centre of the Grand Canals, enabled to construct the Kaifeng Walled Town. Therefore, the Northern Song Dynasty continuously accomplished the developed water system as concerning about the utilisation of waterways after the construction of city.