• Title/Summary/Keyword: Encroachment

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Legal Issues of Urban Parks as a Reservation Area in the Initial Legislation on Urban Parks in Korea and the Implementation of the Park Act (1967~1980) (우리나라 도시공원 관련 초기 법률 입안과 「공원법(1967~1980년)」 시행과정에서 나타난 유보지로서 도시공원에 관한 제도의 문제)

  • Oh, Chang-Song
    • Journal of the Korean Institute of Landscape Architecture
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    • v.46 no.3
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    • pp.103-116
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    • 2018
  • The Park Act (1967~1980) was the first law to define urban parks in Korea. The urban parks of that time were similar to a reservation area used for other purposes after giving regulation. Because 'the urban park as a reservation area' in the past is a repeated park issue in the present, it is necessary to consider the issues of the original law system that created the cause. From this perspective, this study analyzed the legislation to reserve an urban park by collecting bills and information about the factual relationship between 1960 70s park issues and the Park Act. Analysis showed that the reason for the adoption of different kinds of urban parks in the law of a nature park is that a negative list separated from the Urban Planning Act is required to curb private usage. Inherent in the Park Act, however, was the problem of allowing the encroachment of urban parks by governmental power. (1) The Park Act sets out a wide range of cases to abolish urban park. (2) Unclear setting of governmental power could abuse the urban park. (3) Insufficient standards were able to erode the urban park with large for-profit facilities. (4) The inactivity of the Urban Public Park Committee had reduced democratic decision-making and professional judgement on park issues. Therefore, the Park Act was characterized as infringing on the environment and right to urban parks and took a passive attitude in creating parks and in citizen usage thereof. The Park Act had limitations as a progenitor for establishing the characteristics and concepts of urban parks.

A Study on Retail Competition Structure in Traditional Market (전통시장 내 소매업 경쟁구조에 관한 연구)

  • Lee, Chul-Sung;Kim, Young-Ki;Kim, Seung-Hee
    • Journal of Distribution Science
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    • v.16 no.6
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    • pp.55-63
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    • 2018
  • Purpose - Our Research is a study on the competition structure between retailers in traditional markets. Specifically, this study examined the effects of SSM, commodity supply store, Hanaro mart, food mart and other mart in traditional markets on retail stores of small businesses. The purpose of this study is to provide a solution to the market encroachment of large retailers in traditional markets. Research design, data, and methodology - This study is based on the data of 'Market Survey of Traditional Market·Shopping Mall and Store Management in 2016' and 'Current status of SSM(Super SuperMarket), commodity supply store, Hanaro mart, food mart and other mart in the traditional market in 2017' conducted by Small Enterprise and Market Service. In this study, a multiple regression equation was constructed using the number of SSM, commodity supply store, Hanaro mart, food mart and other mart as an independent variable and sales, number of customers as a dependent variable for analysis. Results - The increase of SSM and commodity supply stores in the traditional market affects the sales decrease of the surrounding small merchants in the traditional market. This means that the SSM and commodity supply stores can lead to the decline of the traditional market. However, it has been found that the penetration of these companies in traditional markets does not affect the number of visitors. Second, Hanaro mart's entry into the traditional market has a negative impact on the sales and visitor numbers of the surrounding small-scale merchants. The increase in the number of food mart has a significant effect on the sales and the number of visitors to the small stores. The results of this study indicate that the food mart can contribute to the revitalization of traditional markets. Lastly, other mart with more than medium size were found to affect the sales of small stores, the number of visitors. Conclusions - We examines the competitive structure among retailers in traditional markets. The penetration of large retailers in traditional markets has a negative impact on traditional markets, particularly Hanaro mart has a greater impact than SSM. We provide practical and theoretical implications for the retail competition structure in traditional markets.

A Study on the Objective Opinion of Private Investigation Service (민간조사제도 도입 반대 의견에 대한 고찰)

  • Jeng, Il-Seok;Park, Jun-Seok;Suh, Sang-Yul
    • Korean Security Journal
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    • no.14
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    • pp.465-484
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    • 2007
  • Our society's modernization created many opportunities for us to need a private investigation service system. Variation of international environment due to joining in the OECD, opportunity of individual legal, collect evidence during judgement, prevention of damage criminal, security of business in company, free trade economy's system etc and don't need to enumerate how important of introduction of private investigation service system. In addition to there are lots of objection opinions, such as possibility of person's private life, invade of lawyer's area, confliction with investigation team, gap of wealth and poverty that make preponderance of information. So this research can be considerate from objective opinion, and can obtain conclusion just like below. First, private detective agencies that encroach on the individual rights will naturally deteriorate after the implementation of private investigation service system. Through this, the probability of civil rights encroachment will be lower, and for this to happen there needs to be a thorough maintenance of the system. Secondly, mutually beneficial solution should be found not by a conflict between two sides. Detective business sector should not cause social confusion from conflicts with other investigation organization such as police, or investigators, rather, it must get on the demand of the diversified citizen and maintain the diverse sector inter-cooperate right, and to do that law and institution must be made for the base. Thirdly, investigation used depending on the gap between wealth and poverty does not mean the actualization of the rights and interests of the citizen. If the duty of investigation sector is to find the evidence and collect or manufacture of the evidence, then the problems which the nation can't handle will be more enlarged and then finally end up with strengthening the capability of national public security demand.

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The introduction of a criminal case arbitration on premise the civil and commercial arbitration (민상사(民商事) 중재제도(仲裁制度)를 전제(前提)로 한 형사중재제도(刑事仲裁制度)의 도입방안(導入方案))

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.19 no.3
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    • pp.93-119
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    • 2009
  • Nowadays the number of crimes is increasing rapidly and society is getting more and more dangerous. Recently the criminal aspect of our society, the intelligence, diversity, localized area, as well as for the crime victims also difficult to predict the damage recovery is not easy to change their level of pain and are also serious. This phenomenon is increasingly expected to intensify, the proper response is a factory. The more so if the victim of murder. The criminal mediation working on the operational adjustments Borrower payment, Construction charges, investments and financial transactions due to interpersonal conflicts that occurred as a fraud, embezzlement, breach of trust property crimes such accused, individuals between the defamatory, offensive, encroachment, violating intellectual property rights and private Disputes about the complaint case and other criminal disputes submitted to mediation to resolve it deems relevant to the case who are accused. But the core of a detective control adjustment, adjust the members' representative to the region, including front-line player or a lawyer appointed by the attorney general at this time by becoming parties to this negative view may be ahead. Some scholars are criticizing the current criminal justice system for the absence of proper care for the criminal victims, as an alternative to the traditional criminal justice system. The introduction of the summary trial and related legal cases, the command structure, compensation system, crime victims' structural system can be seen as more classify, crime subject to victim's complaint, By case with a criminal misdemeanor in addition to disagree not punish criminal, minor offense destination, traffic offenders, regular property crime, credit card theft, intellectual property rights violators can be seen due to more categories can try. They sued in law enforcement, Prosecution case has been received and if any one party to the criminal detective Arbitration request arbitration by the parties can agree to immediately contact must be referred to arbitration within 15 days of when the arbitration case will be dismissed. These kinds of early results of the case related to, lawyers are involved directly in the arbitration shall be excluded. Arbitration system is the introduction of criminal justice agencies working to help resolve conflicts caused by adjustment problems will be able to. This article does not argue that we should stick to the traditional justice system as a whole. Instead it argues that the restrictive role of the traditional justice is to be preserved.

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The Influence of Geographical Features on Analyzing the Right to Daylight (지형요인에 의한 일조권 침해의 영향 분석)

  • Kim, Ji-Sook;Kim, Ho-Yong;Lee, Sung-Ho
    • Spatial Information Research
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    • v.19 no.1
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    • pp.21-28
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    • 2011
  • With the recent overcrowding of metropolitan cities and people's increasing interest in housing environment, there are frequent disputes occurring over the right to daylight. In order to determine whether daylight has been encroached accurately. we need to consider the daylight change by the effect of the geographical features of the surrounding areas but most of the previous relevant studies overlooked this consideration. Thus, in order to determine the encroachment of daylight accurately, this study analyzed the change in the duration of daylight according to geographical features by applying the Hemispherical Viewshed Algorithm to Busan Metropolitan City. According to the results of the analysis, the minimum and average duration of daylight decreased with an increase of altitude by 50m. Second, according to the time bound designated by law, up to 78.6% of the area was influenced by the duration of daylight. Third, the geographical features of the surrounding areas had a significant effect on the duration of daylight. Accordingly, in order to analyze the right to daylight accurately, it is essential to consider the geographical features of the surrounding areas. Furthermore, the Hemispherical Viewshed Algorithm used in this study and the visible area of the sky obtained from the algorithm are considered helpful to analyze the influence of the geographical features of surrounding areas on the legal duration of daylight before analyzing the practical right to daylight.

Research on strategies of open innovation activities with impacts on dynamic competitive advantage: in the context of digital convergence and disruptive innovation (역동적 경쟁우위에 영향을 미치는 개방형 혁신활동 전략에 관한 연구: 디지털 융복합 환경과 파괴적 혁신 환경에서)

  • Jahng, Chul-Woong;Kwon, Tae-Hyoung
    • Journal of Digital Convergence
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    • v.13 no.5
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    • pp.119-127
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    • 2015
  • Although it was very long since companies and organizations have been interested in technological innovation or management innovation and many of them have been investing on innovation in convergence industry environment, they could not take differentiated competency and competitive advantage so that they were fallen behind from market by new trends. This research is aiming at deduction of strategies for corporations to keep continuously differentiated competitiveness and competitive advantage. It suggested open innovation activities as basic independent variables. It added global technological alliance known for Open Innovation Alliances to independent variables too. It suggested platform leadership emerging between open innovation activities and digital ecosystem and 6 encroachment types from disruptive innovation theory as control variables. It suggested dynamic competitive advantage as dependent variable for explaining dynamic properties of environment. It analyzed case from 11 researches of open innovation activities, categorized them and verified the appropriacy of the variables. This research contributes to new direction for derivation of strategies and methodologies by which corporations keep competitive advantage in dynamic convergence environment.

The Operative Treatment of Scapular Glenoid Fracture (견갑골 관절와 골절의 수술적 치료)

  • Kang, Ho-Jung;Jung, Sung-Hoon;Jung, Min;Hahn, Soo-Bong;Kim, Sung-Jae;Kim, Jong-Min
    • Clinics in Shoulder and Elbow
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    • v.10 no.2
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    • pp.212-219
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    • 2007
  • Purpose: To determine the causes of the surgical treatment results in glenoid fracture by a retrospective analysis. Materials and methods: From March 1999 to February 2004, 9 patients who underwent an open reduction due to a glenoid fracture were reviewed. The modified Ideberg classification was used. There were 1, 3, 2, 1 and 2 cases of modified Ideberg type I, II, III, V, and VI, respectively. The internal fixators were a reconstruction plate, a small plate, a one-third tubular plate, a small screw, and a cannulated screw in 6, 1, 3, 3 and 1 case, respectively. The constant score and Adam's functional assessment method were used to evaluate the postoperative shoulder function. Results: The average time for fracture union was 7 weeks. The functional assessment was excellent in 4 cases, good in 3 cases, and fair in 2 cases. There were two complications related to surgery; articular screw encroachment, and inferior glenoid bone resorption without instability. Conclusion: A glenoid fracture with glenohumeral instability or displaced that was treated by open surgery showed good clinical results. Moreover, the more comminuted fracture had a lower functional score.

The appropriate amount of Defense budget for stabilizing National security in Northeast Asia (동북아지역의 안보균형을 위한 적정수준 국방비 분석에 관한 연구)

  • Lee, Wol-Hyeong;Kim, Hyung Jae
    • International Area Studies Review
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    • v.20 no.1
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    • pp.277-295
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    • 2016
  • It is undoubtedly true that national security in Korean peninsula is on the road to destabilization. The main factors are known to be North Korea's development and experiment on nuclear arms, especially the forth nuclear experiment on January 6th, ICBM launch February 7th, and encroachment upon the territory the NLL on the 8th along with the shutdown on Gaeseong Industrial Complex. Also, China's trouble with other nations over sovereignty over islands in the South China Sea and the fact that Japan's government is veering to the right side and having territorial dispute are making the case worse. Nations in Northeast Asia are striving to obtain the interest for the sake of their own country. In order to do so, they're walking the path to achieve national security. Until then, they are not so willing to participate foreign matters or economical race. Even in our perspective, these issues are many of the main problems which our country is currently facing. However, it is important for them to avoid making policies which may take away the citizen's happiness. The number one priority for the nation or any form of a group is to act in the best interest for the national security and the citizen's happiness. They are the main factors why a nation could exist. They are the symbols of a nation's sovereign authority. Countries outside are proving it by increasing their national defense budget even in this unprecedented economical crisis. If we are willing to stay the same as ever, the disparity in the military force will not be the same in the future. In conclusion, the study examines the problem which changes in Northeast Asia's defense environment could bring and the appropriate amount of national defense budget in order to support the nation's integration of its abilities to move toward South and North Korea's unification.

A Study on Measuring Urban Sprawl and Its Policy Implications for Urban Growth Management and Urban Regeneration in Seoul Capital Region (수도권 도시 스프롤 평가에 따른 도시성장관리 및 도시재생 정책 방향에 관한 연구)

  • Jeon, Hye-Jin;Woo, Myungje
    • Journal of the Korean Regional Science Association
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    • v.35 no.1
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    • pp.3-18
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    • 2019
  • Urban sprawl has been criticized due to its negative effects, including the encroachment of farmland and open spaces, the increase in traffic congestion and air pollution, the decline of central city, the decrease in social capital, and the unfairness of tax burdens on infrastructure and public services. This study measures urban sprawl in the capital region of South Korea where the characteristics of urban sprawl have been known to be different from those identified in the U.S. metropolitan areas. In particular, the study examines whether the capital region has experienced the decline of the central city with an expansion of low density residential development in suburban areas. Three measurements, the sprawl index with population density, the ratio of changes in urbanized areas to changes in population, and the population density gradient, were employed to measure urban sprawl, and GIS mapping and descriptive analysis were used to examine the central city decline and the characteristics of development patterns in suburban areas. The results show that the capital region of South Korea is moving to the American style sprawled development with the decline of the central city and an increase of single detached homes in suburban areas, implying that policy makers need to develop growth management strategies to prevent urban sprawl and its negative effects that many U.S. metropolitan areas have suffered from.

Complications of transcatheter closure of atrial septal defects using the amplatzer septal occluder (심방 중격 결손의 경피적 폐쇄술 후 발생한 합병증에 관한 연구)

  • Jea, Seo Jin;Kwon, Hyo Jin;Jang, Gi Young;Lee, Jae Young;Kim, Soo Jin;Son, Chang Sung;Lee, Joo Won
    • Clinical and Experimental Pediatrics
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    • v.51 no.4
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    • pp.401-408
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    • 2008
  • Purpose : Transcatheter closure of atrial septal defects (ASD) is currently established therapy as an alternative to surgery. But rarely, complications are reported in some studies. We report early and intermediate term complications associated with transcatheter closure of atrial septal defects using the Amplatzer septal occluder (ASO). Methods : From June 2003 to May 2006, 64 patients underwent transcatheter closure of secundum ASD or patent foramen ovale using the ASO. The ratio of male to female was 1:2.4, the median age was 17 years (range: 2.6-64 years) and their median weight was 47.5 kg (range: 2.6-64 kg). Results : The median diameter of ASD measured with transthoracic or transesophageal echocardiography was 15 mm (range: 6-28 mm), the median balloon stretched diameter was 18 mm (range: 6.5-34 mm), and the median size of device was 19.5 mm (range: 6-36 mm), was little difference with balloon stretched diameter. There were 10 cases of complications: arrhythmia (2), device malformation (2), aorta to right atrial fistula (1), hemolytic anemia (1), mitral valve encroachment (1), malposition (1), residual shunt (1), and inferior vena cava perforation (1). Conclusion : Transcatheter closure of ASD using ASO is effective and safe therapy. However, significant complications such as aorta to atrial fistula, atrial erosion, or device embolization can happen, so an appropriate selection of patient and device in relevance to size and anatomy of ASD is important for successful closure.