• Journal of architectural history
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• v.27 no.5
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• pp.27-38
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• 2018

The purpose of this study is to identify the legal definition and usage of cultural property term related to the architecture within the cultural property-related legal system and general legal system, and to present proper terminology and specific concepts that can be used for the architecture as cultural properties. In the current cultural property legislative system, terms about the architecture are diverse and obscure, and the definition of each term is different from the concept in the general legal system. In this context, this study presented the terminology of 'the architectural heritage' as 'a cultural property by construction act' to cover whole cultural properties related to Korean architecture. And the conceptual scope of the architectural heritage is divided into the technology and the performer related to the act, the record and the building related to the product. and Each concept needs to be specifically tailored to its object and scope. Systematic definition of terms for cultural properties related the architecture can positively influence systematization of cultural property preservation and management as well as empirical research and education on Korean architecture.

• Korean Journal of Heritage: History & Science
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• v.49 no.1
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• pp.178-189
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• 2016

This essay explores the ways in which the philosophical concept of "original form" is expressed in relevant laws and regulations, the legal character of respective regulations, the way in which each regulation is applied in practice for heritage management, and the factors required for this concept to serve as a legally binding fundamental principle. The current laws and regulations on heritage maintain a consistent requirement for preserving the original form of heritage, both for the general public and for heritage professionals. However, the principle of preserving original form is expressed as a declaration or imperative without substantive definitions. Consequently, heritage administrators simply follow administrative procedures for heritage conservation, management, and promotion while failing to specify the meaning of "original form." For the practical application of the principle of preserving original form to overall heritage conservation activities as an actual legal principle, further provisions should be added for the purpose of clarifying the principle, with consideration given to the observation of fundamental principles for legal provisions, such as the principles of clarity, equality, and proportion. The principle of preserving original form still functions as the most necessary principle for heritage conservation and therefore should be reestablished as a refined and rational regulatory system.

• Fire Science and Engineering
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• v.29 no.1
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• pp.19-26
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• 2015

This study covers securing legal systems and institutions regarding the standards for installing fire prevention facilities to prevent fire on wooden architectural heritage. Conflicts among relevant laws were revealed and problems related to fire prevention performance, technical standards, responsibilities, etc. in the process of establishing legal fire prevention equipment and the equipment for self-extinguishing were identified through pondering over current legal systems of fire prevention facilities. To resolve the problems, at least the principle to preserve original shapes of wooden architectural heritage should be secured even though fire prevention facilities are installed and the installation process should be regulated by laws considering features of fire on wooden architectural heritage so that fire prevention performance can be guaranteed. The directions to improve installing system through legalization of design, construction, and audit review institutions and legalization of the technical standards for fire prevention facilities were suggested to guarantee performance when establishing fire prevention facilities for wooden architectural heritage.

• Korean Journal of Heritage: History & Science
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• v.53 no.2
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• pp.88-109
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• 2020

This study aimed to distinguish categories of archival information and identify properties by their detail types, so that the various forms of architectural heritage information generated can be managed based on their attributes and characteristics. First, the specific uses of terms in the legal system were reviewed and their associated concepts specifically defined. "Architectural heritage" was defined as architecture belonging to the category of tangible cultural heritage as designated by law, and "architectural heritage archival information" was defined as all kinds of material expressed by electronic processing of the actual status for preservation and management. Next, the production status of architectural heritage archival information was reviewed in relation to the legal system. This confirmed that relevant legal systems were organized hierarchically and that various types of archival information were generated in a single project. Furthermore, it was confirmed that even archival information produced in the same form contained differing contents depending on the specific purpose and method, and that there was no classification by which to cover all archival information. Finally, it was also confirmed that detailed drawing types could be categorized according to the purpose of production and the target of the records. Based on the findings of this review, the type and properties of archival information were presented as the primary classification criteria, and the architectural heritage archival information was divided into 6 general types and 27 detailed types. Specifically, the linguistic form, dimension, temporal property, and graphic form of archival information were applied as criteria for the classification of general types, and the target, production purpose, production method of archival information, and content characteristics of archival information properties of archival information by type were comprehensively reviewed.

• Journal of the Korean Society for Library and Information Science
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• v.37 no.4
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• pp.24-52
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• 2003

In digital environment the hallmark of the national libraries is its responsibility or function of acquiring and preserving the county´s off-line and on-line publications in term of legal deposit. But the legal deposit system based on print materials in Korea predates the digital age and requires a new legal framework. It would be a tragedy if national library was not to archive the nation´s intellectual and cultural heritage because of limitation of legal deposit system. The purpose of this paper is to analyze form of the current deposit system and to suggest a reform model for legal deposit legislation with priority given to legal scheme and elements(terms, the depositor, the depository, object of deposit, number of copies, time of deposit, compensation and fine, right of migration and free access, etc.).

• Journal of the Korean Society for information Management
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• v.20 no.1
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• pp.373-399
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• 2003

Legal deposit system is an essential tool for a national library to ensure the preservation and access to a nation's intellectual heritage over time. Substantial amounts of digital materials of national cultural value are already being published. There is a global trend towards extending legal deposit to cover digital materials in order to maintain comprehensive national archives. This paper gives a progress report of some countries around the world whose legal deposit laws have already updated or are under revision. Some strategies are suggested for the digital collection building of the Korean National Digital Library which will open in 2008.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.20 no.4
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• pp.173-189
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• 2009

All publications of a country is a cultural heritage with the spirit of humanity, each National Library has to collect and preserve all publications produced in each country. Acquisition activity(Collection development) of each National Library is supported by a powerful legal deposit system. Therefore, this study has analyzed the legal deposit systems of the world countries, especially focussed whether or not the compensation for legal deposit, whether or not any sanction against not-depositing, Fine collection procedures against not-depositing, and the specific process for legal deposit. Based on these investigations, this study was to seek ways to contribute the legal deposit rates of National Library. It has proposed the following suggestions; Performing of legal deposit duty by itself, developing the system for supporting the legal deposit, establishing newly of legal deposit department, and improving the compensation for the legal depositor.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.61-88
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• 2018

Myanmar has witnessed rapid economic growth in the 21st century. The cultural heritage of Myanmar (Burma) inherited from ancestors is law literature such as Dhammathat and Rajathat. Burma is a unique country in Southeast Asia in a sense that it already had a modern law system. For example, there has been a legal profession even in 12th century AD. According to Rajathat, lawyers were required to wear a uniform in court. Furthermore, lawyers and Judges participated in legal proceedings from the 15th century. As to the role of Dhammathat, there are conflicting views in the academic community. According to Professor Andrew Huxley, the profound literatures of Dhammathat had played an important role as a source of law in Burmese court in ancient times. Dhammathats have flourished in the struggle among the King, lawyers, and monks in old Burmese society. This customary law combined with Rajathat provided a guidance of legal proceedings in Burmese court, as well as village settlement. This traditional dispute resolution system reaches modern times in the form of Buddhist family law in Myanmar. Nowadays, the law system of Myanmar looks like a legal pluralism since the customary laws of Burma, as well as Shan and Arakan, are effective and co-exist with common law adopted at the colonial period. In recent times, Myanmar has enacted new arbitration laws (2016) in order to attract foreign direct investment.

• Korean Journal of Heritage: History & Science
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• v.47 no.3
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• pp.146-159
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• 2014

After inspecting ground surface or excavating cultural heritage site, the government can take measures for the preservation of buried cultural heritage based on the related law. It means that the provisions complement the limitation of current cultural heritage management system by extending the scope of cultural heritage to be preserved. But we neither have set any matters about implementing the measures for preservation of the buried cultural heritage, nor manage the heritage and its surroundings after implementing the measures. Due to these insufficiency of the law, there arise several problems in the field. For example, the measures for preservation are not complete, or preserved cultural heritage is damaged due to inappropriate management. We have to resolve the problems in order to accomplish the original purpose of taking measures for preservation of the heritage. First, it is necessary to make sure of the legal status of preserved buried cultural heritage, to establish the standards to decide whether to preserve it or not. We need to have regulations by law or internal rule on the daily management, who should manage it, what and how the manager should manage. It is also important for local residents to take an active part in preserving and utilizing the cultural heritage as the owner. Through building up the foundation mentioned above, the meaning and value of preserved buried cultural heritage can be expanded widely.

• Korean Journal of Heritage: History & Science
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• v.49 no.1
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• pp.22-43
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• 2016

State Ownership of Excavated Cultural Heritage System was originated from the legislations concerning cultural objects during the Japanese colonial period (1910~1945) and was succeeded by the present Buried Cultural Properties Act enacted in 2011. Despite the importance of the system that completes the outcomes of excavations and determines the state-owned cultural properties, the foundation of national heritage, it has been limitedly regarded as administrative area and neglected by the academic scholars or policy researchers. Recently the traditional culture has drawn increasing domestic interest and awareness that the cultural heritage contributes to building cultural identity and vitalizing tourism has led to increasing the demand of a local government's role in management of the state-designated cultural heritage and even fighting for hegemony in securing the cultural objects between the central and local governments. Despite the continuing efforts for improving the selection process of cultural heritage and its management institution, establishment of an advanced objective system has been requested. This paper is intended to suggest the policy direction through demonstrating the problem and assignment caused in the process of implementing the Buried Cultural Properties Act and reviews the State Ownership of Excavated Cultural Heritage System from the legal point of view accordingly. First, I suggest improving the selection process of the state-owned cultural properties. Even though current law states that Administrator of Cultural Heritage Administration reviews the research reports and selects the possible candidates for the state-owned cultural properties almost all the cultural objects listed on the reports are practically selected. In this regard, two possible resolutions can be made; newly establishing a separate process for selecting the state-owned cultural properties after publishing the report or adding the selection process of the state-owned cultural properties during the heritage selection meeting. Either way should contribute to strengthening the impartiality and objectivity of the policy. My second suggestion is improving the operating system of the heritage selection meeting in which the cultural properties to be listed on the reports are determined. Given the present extensive assessment criteria, there is much room for certain experts' subjective opinions. Therefore, in order to enhance the fairness and credibility of the heritage selection meeting, specifying the assessment criteria and advance review of the expert list are necessary. Third, this paper suggests increasing the local government's role in management of the state-owned cultural heritage and diversifying the heritage management institution. Development of a local self-governing system has led to the increased demand for delegating the authority of the state-owned heritage management to the local governments. Along with this, the gradual improvements of public museum management raises the need for expanding the cultural benefits through increasing the local government's role in management of the state-owned heritage. Considering the fact that overall majority of the art collections housed at national or public museums is owned by the central government, developing a variety of heritage contents and vitalizing the heritage tourism are crucial. The true meaning and value of the state-owned cultural heritage hidden at the storage of a museum can be found when they are shared together with the public.