• Journal of Korean Society of Forest Science
• /
• v.4 no.1
• /
• pp.1-8
• /
• 1965

In this study, the present institution of reserved forests in Korea has been criticized through the analysis of the present situation of reserved forests in Korea, and mainly, on designation and cancellation of them because of this important institution thought as restriction of forest ownership. Reserved forest land in Korea as of the end of 1962 is 996,915 chungbo in area, or about 14.8% of the total forest land area, 6,750,324 chungbo in Korea, and we can find that the area of reserved forest land has increased remarkably since the Liberation in 1945, in comparison with about 180,000 chungbo-a little over 1% of the total forest land area, 16,000,000 chungbo, through Southern and Northern Korea till the Liberation in 1945. This fact clearly proves that Korean forests are extremely devastated since the Liberation in 1945, and in Korea we can find that reserved forest policy is very important in forest policy, consequently, reserved forest institution must be dealt with care. Moreover, the area of reserved forest land, 996,915 chungbo, which is divided into 43,820 chungbo of national forest land, 59,302 chungbo of public forest land, 893,793 chungbo of private forest land, and private forest land is excellently large, or about 89.7% of the total area of reserved forest land. In this number, we may understand the fact that reserved forests have the most influences on private forests, therefore, we may recognize that it is necessary for reserved forest constitution which is infringement of private right to be carried out carefully. From the first beginning, the institution of reserved forests is serious restriction to the forest ownership. Consequently, when the area of reserved forest land grows, it interferes seriously with the free forest management and the desire for forest own ership is decreased, at the same time, forest enterprise results in obstruction. Especially, Korean forests are destroyed extremely at present, so, intensification of reserved forest institution is unavoidable for completion of the national aim which forests have, but the author thinks that reserved forest institution must be as avoidable as possible, and we have to obtain good results by supervision of forest management which is regulated in the Forest Law. Consequently, designation of reserved forests must be minimized, and although forests were already designated as reserved forests they must be cancellated as fast as fast as possible and put them free in the owner's hands when they are in cancellation conditions. According to the provision of Article 18 of the Forest Law concrete cases designated as a reserved forest are enumerated for the purpose of maintaining the forest ownership and avoiding to give the forest authorities a free hand in order to protect forest owners from one-sided damage. Therefore, the forest authorities must not abuse the institution of reserved forests, and it is not good tendency to give only the authorities a free hand in eesignation and cancellation of reserved forests, and especially, when the forest owners object to that, establishing some legal organization like the reserved forest council in each province in order to hear about impartial opinions, and it is more suitable than administrative disposal by the same organization. The compensation of damages for reserved forests by the provision of Article 25 of the Forest Law is a different problem by forest policy, but the results of compensation of damages regulated in the Forest Law are wholly lacking up to now, the author thinks that this is caused to poor forest cover, the forest owner's unconcern and insincerity of administrative authorities. Therefore, the government must enlarge the range of compensation and minimize the forest owner's economic sacrifice, also, the government must mollify the conditions of the legal restrictions to reserved forests, and harmonize with functions of national conservation and economy. This means that it is necessary to modify the restrictive conditions for the effective utilization of forest resources within the range in which can be attained the purpose of designation, from permanent prohibition of cutting. Except the reserved forests of fish habitat, public sanitation, maintaining scenery and navigational mark ect., most of reserved forests are prohibited from cutting, and the present situation of forests in Korea are extremely devastated and those forests are not so expected in cancellation possibility in near future. Therefore, when the forest owners apply for national purchase of those reserved forests, the government had better nationalize them, protect and manage to reduce the forest owner's economic sacrifice.

• The Journal of Fisheries Business Administration
• /
• v.37 no.3 s.72
• /
• pp.85-108
• /
• 2006

The government enforced 'Act on the acquisition of land for the public undertakings and compensation' commenced on the 1st of January 2003 to faithfully protect the property right of people and to scheme the effiecient drive of public works by systematizing the procedures and the standards of compensation and reforming irrational systems. The previous act regulated to compensate a rightful person of fishery right, who is in a nearby area of public works enforcement zone for actual loss according to the level of damage. On the contrary, as for the fishery damage happened at the outside of public works enforcement zone, the act regulates to compensate for a loss when it is actullay occurred and affirmed. So, the related act was amended as, so called, Post Factum Compensation. With regard to the Post Factum Compensation regulation for the fishery damage occurred at the outside of this public works enforcement zone, many objections and problems are raised as it is not clearly understood of the nature of the fishery compensation. However, this paper is not intended to mention the right or wrong of the current law, but to discuss the problems or remedies of 'Act on the acquisition of land for the public undertakings and compensation' after examining cases of public works which was enforced for the fishery compensation within the current law.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.21 no.5
• /
• pp.524-530
• /
• 2015

In this study, I present solutions to properly regulate assembly and demonstration at sea which has not been relatively secured and regulated compared to that of on land and inland waters so it may not violate public safety and order, and at the same time to secure it as a basic human right. Firstly, to protect and regulate in the same way with assembly and demonstration on land, I suggest to make amendments to "Law on Assembly and Demonstration" so that Korea Coast Guard Station can accept applications and administrator maritime assembly and demonstration. Secondly, in special cases where there are difficulties in the application of "Law on Assembly and Demonstration" due to the special maritime environment, following the example of Japan, America and England who have regulations in related special laws, I suggest an legislative alternative to add regulations on maritime assembly and demonstration in "Law on Maritime Guard" so that we can administer maritime assembly and demonstration in a way which there should be no conflict between basic human right of people and conservation of public safety.

• Proceedings of the Korean Society of Soil and Groundwater Environment Conference
• /
• 2003.04a
• /
• pp.149-155
• /
• 2003

Objectives of this research were to fractionate heavy metals in soil samples in the upper Okdong River basin and to assess the potential pollution index of each metal fraction. Soil samples were collected from cultivated land soils and analyzed for physical and chemical properties. pH of cultivated soils ranged from 5.2 to 7.6. Contents of total kelhaldal nitrogen and loss on ignition were in the ranges of 0.6∼2.5%, and 1.9∼12.9%, respectively. Heavy metals in the cultivated land soils were higher in the abandoned closed coal mine near field soils than those in the paddy soils. Total concentrations of metals in the cultivated land soils were in the orders of Zn > Pb > Ni > Cu > Cd, exceed the corrective action level of the Soil Environment Conservation Law and higher than the naturals were abundance levels reported from uncontaminated cultivated land soils. Mobile fractions of metals were relatively small compared to the total concentrations. Soil Pollution Assesment Index(SPAI) values of each fraction of metals were leveled from Non polluted to Moderately polluted based on total concentrations. SPAI values of mobil fractions were lower than those of immobile fractions. Results on metal fractions and SPAI values of the cultivated land soils indicate that field soils samples were contaminated with heavy metals and had potential to cause a detrimental effects on plants. A prompt countermeasure to prevent field soils in the abandoned closed coal mine near fields are urgently needed.

• Proceedings of the Korea Contents Association Conference
• /
• 2004.11a
• /
• pp.170-174
• /
• 2004

Land assessement is a procedure that assesses developmental, agricultural or heritage suitability of land parcel according to such criteria as soil, location and usability. There are much problems to execute land assessment by law. Problems include inadequate basic data, lack of linkage with the spatial planning system, and inefficiency in operation. The purpose of this study is to investigate methods of developing land assessment as a sustainable land use management tool in a Korean context, using case study. In the case study, land assessment will be executed through GIS- based assessment method. On the basis of the results of this case study, practical and institutional problems are described, and technical and institutional solutions are suggested.

• Journal of Korean Society for Geospatial Information Science
• /
• v.22 no.1
• /
• pp.89-99
• /
• 2014

The current Development Impact Fee (DIF) Zoning Law allows Korean localities to designate the DIF Zone for the areas where there have been up-zoning in land-uses due to any minute additions and/or amendments in the existing clauses or provisions in the National Territory Planning Law as well as all other laws related to urban and regional planning. In reality, however, it is almost impossible to trace the sporadic and infinitesimal changes that might occur in every corner of the statutory clauses of a great number of planning related laws. This study, in an effort to overcome such practical difficulties, tries to chase the time-series zoning alterations in especially the consecutive land-use information layers of the Korea Land Information System (KLIS) as comparable analogues of the outcomes of the amendments in various planning laws. A study locality is chosen among the entire localities in the Capital Region based on the selection criteria dictated by the DIF Zoning Law such as the population- and building permit increase rate. It has been verified that the methodology suggested herein is practically applicable and successfully capable of extracting a number of DIF zones with considerable areal sizes, which could not have otherwise been possible. The consequences of this study, in this context, are expected to contribute to prevent the uncontrolled developments as the DIF Zoning Law itself was originally intended to achieve.

• Journal of Korean Society of Forest Science
• /
• v.90 no.3
• /
• pp.398-412
• /
• 2001

The purpose of this study is to examine the roles of the forest-land registry system in the Forest Law of 1908 and the effects this system had on the colonial forest-land policy used in Korea under the influence of Japanese Imperialism. This was started under the Profit-sharing Forest System which was one of the policies for disposing of the Korean national forests. The purpose of this system was to establish forest-land ownership, a fundamental human right. This system was enforced by the Japanese Colonial Government without regard to the customary and important right of Koreans to use the forests, and without considering the distinction between national and private forests. Koreans understood that this system was a warning sign of a tax being imposing on forest-land owners. Furthermore, Koreans thought the Japanese were using this system to deprive them of their forest-land. The strata of Koreans reporting ownership were very limited and included the intellectual(upper-middle) class, higher officials in counties and townships, relatives and relations of these officials, and survey agents. In particular the actual owners could not submit a report registering their land in this system because the required survey cost more than the value of the forest-land. Within the time period specified by the Japanese Colonial Government, about 520,000 registries were reported involving 2.2 million Jung-bo(.9917 hectare) with most of these coming during the last five months of reporting period. Koreans made a reasonable request to extend the deadline, but it was refused. After the reporting period expired there were no follow-up measures such as verification of the reported registrations nor establishment of boundaries between national and private forests. According to Article 19 in the Forest Law of 1908 about 14 million Jung-bo, which was not registered within the reporting period was nationalized. The colonial forest-land policy used in Korea by the Japanese Colonial Government was as follows : (1) to create a large number of national forests in the early period of their rule, (2) to divide these national forests into indispensible national forests and dispensible national forests, and (3) to transfer ownership of the dispensible national forests to colonial Japanese. To achieve the latter, the occupational government needed a method to insure ownership. They devised a tree-planting scheme in which the national forests classified as disposable were "loaned" and then transferred to these Japanese. The actual Korean owners claimed title to this forest-land and asked for the eviction of the new owners but the Japanese occupation government rejected these suits using the excuse that previous Korean owners did not submit the required registration report within the specified time period. In short the Principle of Forest-land Registry was used as a means to consolidate the forest-lands of Korea and distribute large portions of it to Japanese citizens after seizing it from the rightful Korean owners.

• Journal of the Korean Society of Environmental Restoration Technology
• /
• v.20 no.4
• /
• pp.15-28
• /
• 2017

A protected area means a space designated and protected by law from development pressure and environmental pressure. It is mainly designated to protect specific ecosystems, natural landscapes, and cultural resources from irrational development (or damage), and involves policies of the public sector such as central and local governments. The United Nations Educational, Scientific and Cultural Organization (UNESCO) has conducted conservation and restoration projects for preserving natural ecosystems and genetic resources. In order to conserve the ecosystem in the protected area, national and public organizations purchase private land and use it ecologically; in addition, ecological restoration project is carried out for the purpose of creating waterside ecological belt or preserving ecosystem. Land acquisition refers to the land where highly influenced by the water quality and need to restore, and purchased by negotiating with the landlord. Although the nation and public institution carried out ecosystem restoration project for partial purchase land in order to conserve ecosystem, it is below the expected effect due to lack of comprehensive management system and have some problems in restoration project and unification of management institutions. Land acquisition in Donggang River Basin Ecological Conservation area is initiated in 2005 for creating income of local residents and ecological restoration. However, the lack of overall management and awareness resulted in poor vegetation growth and poor response by local residents due to terrain exposure. As such, there is insufficient research on the current situation and systematic integrated management although the number of land acquisition is increasing year after year. Futhermore, overall recognition and follow-up monitoring of eco-restoration are still inadequate. Therefore, the survey on the awareness of the purchase land ecosystem restoration project is necessary for the efficient restoration project and establishment of the management strategy for land acquisition in the future. Therefore, in this study, we provide fundamental materials on further research projects by carrying out research on the awareness of ecological restoration projects in the Donggang River basin ecological preservation area.

• Spatial Information Research
• /
• v.8 no.1
• /
• pp.1-14
• /
• 2000

Zoning data such as national land use planning map, urban land use planning map, agricultural promotion zoning ap, forest land zoning map has a relationship each other in law and spatial context. But difficulties in data share and the lack of accuracy of manual work makes serious inconsistence son zoning data relationship. This causes many trial and error in land use. For resolving this problem the data modellingmethod is presented as a technical solution.

• Journal of Korean Society for Geospatial Information Science
• /
• v.17 no.4
• /
• pp.121-125
• /
• 2009

The Public Noticed Land Price system was developed in order to establish a practical and consistent land price information system, where land prices are appraised and publicly noticed according to the Law Governing the Public Notice of Real Estate Prices and Appraisals.The appraisal process for evaluating and appraising the public noticed land price in conducted in phases, where the nation's land is divided into human and spatial portions according to administrative districts. Depending on the subjective judgement of the appraiser, it is therefore possible for discrepancies to occur in land prices for lots near the boundaries of administrative districts. There is the computerized support system to maintain the public noticed land prices balance between the boundaries of cities, counties, and districts (the units in which evaluation and appraisal are conducted to determine public noticed land prices). But, due to that system is divided into attribute and spatial data information, it is possible for discrepancies to occur in land prices for lots near the boundaries of administrative districts. The purpose of this study to suggest the reasonable methods on discrepancies in public noticed land prices through spatial analysis using GIS.