• Title/Summary/Keyword: Land Planning Law

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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.

Development and Application of the Assessment Method of No Net Loss of Greenness for Urban Ecosystem Health Improvement (도시생태계 건전성 증진을 위한 녹지총량 평가법 개발과 적용)

  • Kim, Seung-Hyun;Kong, Hak-Yang;Kim, Tae-Kyu
    • Ecology and Resilient Infrastructure
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    • v.2 no.4
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    • pp.311-316
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    • 2015
  • This study defined and classified no-net-loss-of-greenness (NNLG) based on the law, and then assessed the NNLG index by metropolitan cities and provinces in Korea after estimating NNLG evaluation indicators for the introduction of NNLG for health improvement of urban ecosystems. The results are as follows. First, NNLG was the comprehensive meaning that was included in the greenbelt and park greenbelt and the green area which was defined by the Act on Urban Parks, Greenbelts, etc. and the National Land Planning and Utilization Act respectively. Second, NNLG was classified as a park greenbelt which was included urban parks and greenbelts such as buffer greenbelts, scenic greenbelts, and connecting greenbelts, green areas which was included in green conservation areas, green production areas, green natural areas, and green coverage which is included forests, grasslands, and wetlands that were occupied by vegetation such as trees, shrubs, and plants. Third, NNLG index by cities and provinces was assessed based on the estimation of NNLG evaluation indicators, which included parks and greenbelt areas per capita, green areas per capita, green coverage per capita, ratio of parks and greenbelts, ratio of green areas, and ratio of green coverage. As a result, Sejong city got the highest point of NNLG index and Seoul and Daegu got lowest points of NNLG index among metropolitan cities in Korea. Chungbuk got the highest point of NNLG index and Kyonggi and Jeju got lowest points of NNLG index among provinces in Korea.

A Study on Application Enhancement Plan through Utilization-Case Analysis of National Geotechnical Information GIS DB in Construction Field (국토지반정보 GIS DB의 건설분야 활용사례 분석을 통한 활용 향상방안 연구)

  • Jang, Yong-Gu;Lee, Jun-Woo
    • Journal of Korean Society for Geospatial Information Science
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    • v.17 no.2
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    • pp.19-26
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    • 2009
  • The Ministry of Land, Transport and Maritime Affairs(MLTM) project for the DB construction of national geotechnical information was automatically computerized the geotechnical investigation results on the construction site in 2007. So 'the rule for computerizing of geotechnical investigation results and its application' were promoted the establishment and applicable project. It was promoted in earnest that all organization and affiliation of MLTM, local governments included the project because of stabilization of the law from 2008. We have analyzed a application-ratio of geotechnical information about users of geotechnical information system and distribution data and established a plan of applying enhancement for the DB construction and DB utilization in 2008. In this paper, we propose the result for application-ratio analysis and application plan through the application-case study of national geotechnical information DB. In the application-ratio analysis, the analysis in the field shows the most high as 39% in construction planning and preliminary investigation, the analysis in the effect of capabilities shows the most high as 25% in the increased efficiency of business. Also the analysis in the field of application shows the most high as 95% a application-ratio of geotechnical information in architecture and civil.

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Review and Discussion on Policy and Legal System for River Environments Management in Korea (국가 하천환경관리 체계의 검토와 고찰)

  • Chun, Seung-Hoon
    • Journal of Environmental Impact Assessment
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    • v.26 no.6
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    • pp.431-444
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    • 2017
  • This study was carried out to review the guidelines being used by law and national policy concerned on river environments management and suggest the applicability of newly developed river environment assessment system. In the current legal system, the national river environment management system is insufficient in securing an independent status in the legal institutional system which is separated to the Ministry of Land, Transport and Infrastructure and the Ministry of Environment. And the river environment assessment system of the national standard, which is a core matter, has not been established yet. In particular, there is a lack of integrated approach between the upper and lower plan or related plans on water resources, water quality, river environment and aquatic ecosystem management. In addition, the consistency and effectiveness as the process of planning and design according to the current status and comprehensive analysis and evaluation of the river environment were not secured either. To integrate national river environment management system and improve efficiency, I proposed the establishment of hierarchy and connection between national river plans, and the adoption and application of developed assessment system based on characteristics of river environment in Korea. Finally, I proposed the separated application with dividing the developed assessment system including the naturalness of river environment and suitability of water friendly activity into both assessment method for management plan of water resources of river basins & basic river plan respectively.

GIS-Based Suitability Assessment Plan of Coastal Zoning System (GIS 기반 연안 용도해역 적성평가 방안)

  • Lee, Geun-Sang;Lim, Seung-Hyeon
    • Journal of the Korean Association of Geographic Information Studies
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    • v.16 no.2
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    • pp.75-87
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    • 2013
  • This study developed a GIS-based suitability assessment model of coastal zoning system that is needed in the substantial classification of coastal zoning system according to the establishment of law about coastal zoning system. First, this study investigated several kinds of regulations, GIS database and application system related coastal area. Also, grid data model was selected as the GIS analytical model for calculating items of suitability assessment of coastal zoning system. And Grid-based analytical method was suggested for calculating items composing of sea and spatial location characteristics including physical one. Critical values of items were presented using standards that were suggested in coastal regulations and land suitability assessment. Especially, this study presented a calculation method of continuous pattern as fuzzy set function for reflecting the characteristics of GIS data. And this study classified the suitability grade using Z-score and developed model designating coastal zone as conservation management priority, utilization management priority, and planning management priority. This study is judged that very efficient business performance is possible if we consider the spatial coverage of study area and GIS database when the suitability assessment model of coastal zoning system that is suggested in this study, is applied to business works.

A Study on the Introduction of Performance Certification System of Inspection and Diagnostic Equipment for Infrastructure (시설물 진단장비의 성능인증제 도입에 관한 연구)

  • Hong, Sung-Ho;Kim, Jung-Gon;Cho, Jae-Young;Kim, Do-Hyoung;Kim, Jung-Yeol;Kim, Young-Min
    • Journal of the Society of Disaster Information
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    • v.18 no.1
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    • pp.104-115
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    • 2022
  • Purpose: Infrastructure inspection and its diagnostics technique have been rapidly developing recently. Therefore, it is important to secure the reliability of diagnostic equipment, and this paper deals with inspection of diagnostic equipment, introduction to a certification system and development plans for infrastructure. Method: Several certification systems are established and introduction plans are reviewed through experts by synthesizing the contents of certification research for existing infrastructure diagnosis equipment. In addition, the revision of the law for introduction of the system is reviewed, detailed operation regulations are prepared and phased development plans are reviewed, which are based on the operation scenario. Result: Inspection and certification plans were constructed through four routes in order to consider infrastructure inspection and diagnostic equipment in use, and new diagnostic equipment using state-of-the-art technology. Furthermore, market confusion depending on the introduction of a new certification system is minimized and reliability is secured by transforming a simple inspection system in the short term into a formal certification system in the long term. The law amendments according to the introduction of the system were reviewed and detailed operation regulations were developed. Also, phased development plans, which are based on the long-term development scenario including manpower, infrastructure and specifications, were presented. Conclusion: It is important to secure reliability through the distribution and certification of diagnostic equipment using 4th industrial technology to strengthen the safety management of infrastructure at the national level since the infrastructure is various in type and increasingly large in size. It is also essential to train human resources who can use new technology with inspection and diagnosis system in order to enhance the safety management of all infrastructures. Moreover, it is necessary to introduce a regular inspection system for infrastructure that combines loT technology in the long-term point of view and to promote the introduction by giving active incentives to institutions that actively accept it.

Effectiveness Enhancement Measures for Local Government Environmental Impact Assessment (EIA) by Improving Small-scale EIA Institution (소규모 환경영향평가 제도개선을 통한 지자체 환경영향평가 효과성 증진방안)

  • Jongook Lee;Kyeong Doo Cho
    • Journal of Environmental Impact Assessment
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    • v.32 no.1
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    • pp.15-28
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    • 2023
  • In the Republic of Korea, the target project scope of the small-scale EIA is stipulated as the plan area above around 5,000~60,000m2 depending on a type of project and classification of land use. Whereas, the lower limit of the corresponding local government EIA project is generally located above the small-scale EIA's limits, and overlapping ranges exist. This situation has been enlarged since road construction and district unit planning were included as the target projects for small-scale EIA in the "Enforcement Decree of the Environmental Impact Assessment Act", which was partially revised in November 2016, and the current consultation system needed discussion in that small-scale EIA is allowed to be done without gathering review opinions at the local level. In fact, projects subjected to local government EIA but consulted as small-scale EIAs may seem insignificant because of a small number of total cases; however, it is worth paying attention to the fact that a local government may not add a target project due to the small-scale EIA. This study suggested the three policy measures for improving small-scale EIA to enhance the effectiveness of local government EIA: supplementing the institutional arrangements to incorporate the review opinion from the local region in small-scale EIA, giving priority to local EIA for conducing the projects in overlapping ranges with partial amendments on EIA law regarding exceptions to local government EIA, including small target projects (not to be small-scale EIA targets) to the ordinance that are deemed necessary to be conducted as local government EIA. Even though a positive function of small-scale EIA has been confirmed, efforts should be made to improve the situation in which many projects within local governments are consulted without review from the region.

Study on Spatial Change of Urban Forest Considering Definition of Urban Area in South Korea (도시지역 정의에 따른 도시숲의 공간적 변화에 관한 연구)

  • Doo-Ahn, KWAK;So-Hee, PARK
    • Journal of the Korean Association of Geographic Information Studies
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    • v.25 no.4
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    • pp.19-31
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    • 2022
  • The definition of urban forest is described as all forest and trees except the Natural Parks throughout whole territory in Urban Forest Act. But the concept of urban forest in the law differs from general awareness by Korean citizen and from definitions of other countries. For discussing such differences of urban forest definition, it was tested how much urban forest area would be changed according to the various definition of urban area. The urban area was defined to be four scenarios in this study in consideration of "urban area" by National Land Planning and Utilization Act (NLPUA), 300m buffered boundary from the "urban area" proposed by World Health Organization (WHO) and forest watershed area. In the scenario 1, including forest watershed intersected with "urban area" by NLPUA, urban forest area was estimated at 1.83 million ha in which urban forest area per person was 386㎡. In the scenario 2, including forest watershed intersected with 300m buffered boundary from the "urban area" by NLPUA, urban forest area was estimated at 1.92 million ha in which urban forest area per person was 405㎡. In the scenario 3, including forest watershed intersected with "urban area" placed within administration boundary (Eup·Dong districts), urban forest area was estimated at 1.08 million ha in which urban forest area per person was 230㎡. In the scenario 4, including forest watershed intersected with 300m buffered boundary from "urban area" placed within administration boundary, urban forest area was estimated at 1.20 million ha in which urban forest area per person was 256㎡. Therefore, the boundary of urban area should be agreed clearly prior to defining the urban forest area for avoiding unclear area calculated according to different definitions.