• 제목/요약/키워드: Land law

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A Study of Private Development of Long-Term Unexecuted Urban Parks through a Special Act - Difficulties and Solutions of Pohang - (장기미집행 도시공원의 특례법에 따른 민간공원사업 특성연구 - 포항시의 사업추진 어려움과 해결방안 -)

  • Ahn, Byungkuk;Koo, Chamun
    • Journal of the Korean Institute of Rural Architecture
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    • v.25 no.1
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    • pp.1-8
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    • 2023
  • This is a case study of private sector's development of long-term unexecuted urban parks in Pohang through a special act, which provides a guideline of 30% of land for non-park while 70% of land for park. The strategy has a lot of validity in many respects along with the urban planning sunset system, but even with the special act it would not easy to be implemented in Pohang, where the guideline has been modified to 20% for non-park, mostly multi-family housing projects while 80% for park. Thus, participation of private companies would be discouraged due to low commercial validity. Also, there would exist various risks because the project would be completed through a long-term decision-making and execution process. Thus, this study argues that it would be better for Pohang to follow the original guideline of the government for better implementation of the projects, along with preparation of a law with which the government be able to recoup excess profits when too much profits would be given to private developers. For the project implemented smoothly, it is also important to understand local housing market and fluctuating economic conditions, and to prepare various incentives for private companies. In addition, to secure publicity, guidelines on the level of publicity of the project should be prepared through negotiation by parties to prevent the project being discouraged too much.

A Legal Study on Boundary Relocation Surveying (경계복원측량에 관한 법적 고찰)

  • Shin, Gook Mi
    • Journal of Cadastre & Land InformatiX
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    • v.47 no.2
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    • pp.61-78
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    • 2017
  • When a boundary dispute occurs between landowners of adjoining lands, a court deals with a boundary violation on the basis of cadastral register. Boundary relocation surveying is one which reconstructs a boundary in cadastral register on actual land. Boundary relocation surveying includes most of surveyings related with the civil case such as restoration of land and demolition of building and a surveying result affects a ruling critically. However, boundary relocation surveying depends on surveying technician's knowledge and experiences and can lead to different surveying results. This study reviews legal principles of boundary relocation surveying by analyzing law practice of boundary relocation surveying which is used for solving a boundary dispute between landowners of adjoining lands and by examining related laws and Supreme Court precedents. The study seeks to contribute to consistent and reliable results of surveying by leading surveying technician to carry out a boundary relocation surveying on the basis of judicial doctrines.

The Ideologies and the Systems of the Healthy Family Act (건강가정기본법의 이념과 체계)

  • 조희금;박미석
    • Journal of Families and Better Life
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    • v.22 no.5
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    • pp.331-344
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    • 2004
  • Korean society recently realized the needs for a system that may effectively prevent and/or resolve different family problems caused by the rapidly changing modem society. In order to carry out this objectives. The Healthy Family Act has been legislated and is to be enforced from the 1st of January, 2005. Legislating the law is a means to establish an administrative and institutional structure that may bring in the total welfare system centered around family, so as to promote healthy families in our society. This is also a land marking event that has shifted the paradigm from the welfare system focusing on individual protection to the total welfare system based upon family units. Hence, this study is to examine the specific concepts of 'healthy family,' which is the goal of The Healthy Family Act, and thus to propose the objectives of the law by analysing the institutional system of it. The Healthy Family Act, which consists of major 37 items of 5 chapters with supplementary provisions, aims at the five ideals as follows. The first is to promote the healthy family which is the basis of individual welfare and well-to-do society. The second is to emphasize the importance of family and to provide total service system for family unit. The third is to establish the family value which supports gender-equality and democracy. The fourth is to reinforce the governmental support for independence and cooperation of family. And the fifth is to promote the in-advance and precautionary support for family problems. The law also includes administrative methods for Strong Families Center, different projects and programs for promoting healthy families, roles of Healthy Family Specialist and means to cultivating them, and the policies to specifically carry out the ideas of the law. It is now important to recognize that the development of nation is based on the healthy families and to put much effort in carrying out the ideas and goals of The Healthy Family Act.

The Trend of Aviation Terrorism in the 4th Industrial Revolution Period and the Development Direction for Domestic Counter Terrorism of Aviation (제4차 산업혁명 시대의 항공 테러리즘 양상 및 국내 항공테러 대응체계 발전방향)

  • Hwang, Ho-Won;Kim, Seung-Woo
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.155-188
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    • 2017
  • On the one hand, the 4th Industrial Revolution provides a positive opportunity to build a new civilization paradigm for mankind. However, on the other hand, due to the 4th Industrial Revolution, artificial intelligence such as 'Goggle Alpha Go' revolutionized and even the human ability was replaced with a 'Silicon Chip' as the opportunity to communicate decreases, the existence of human beings is weakened. And there is a growing concern that the number of violent crimes, such as psychopath, which hunts humans as games, will increase. Moreover, recent international terrorism is being developed in a form similar to 'Psychopathic Violent-Crime' that indiscriminately attacks innocent people. So, the probability that terrorist organizations abuse the positive effects provided by the Fourth Industrial Revolution as means of terrorism is increasing. Therefore, the paradigm of aviation terrorism is expected to change in a way that attacks airport facilities and users rather than aircraft. Because airport facilities are crowded, and psychopathic terrorists are easily accessible. From this point of view, our counter terrorism system of aviation has many weak points in various aspects such as: (1) limitations of counter-terrorism center (2) inefficient on-site command and control system (3) separated organization for aviation security consultation (4) dispersed information collection function in government (5) vulnerable to cyber attack (6) lack of international cooperation network for aviation terrorism. Consequently, it is necessary to improve the domestic counter terrorism system of aviation so as to preemptively respond to the international terrorism. This study propose the following measures to improve the aviation security system by (1) create 'Aviation Special Judicial Police' (2) revise the anti-terrorism law and aviation security law (3) Strengthening the ability respond to terrorism in cyberspace (4) building an international cooperation network for aviation terrorism.

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Revised Soil Survey of Yangju City in Gyunggido

  • Hyun, Byung-Keun;Sonn, Yeon-Kyu;Kim, Keun-Tae;Cho, Hyun-Jun;Jung, Sug-Jae;Choi, Jung-Won
    • Korean Journal of Soil Science and Fertilizer
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    • v.50 no.2
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    • pp.81-92
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    • 2017
  • Recently, agricultural lands have decreased sharply, which was caused by huge housing site, urbanization, land consolidation, and road construction etc. In particular, Yangju city near Seoul city has the most severe land use change in Korea. Therefore, we analyzed changes of land use, soil properties, and soil information in order to provide the basic soil information and soil management practices in this city. The area of crop cultivated land in Korea (2015) reduced by 12,090 ha compared to ones from the previous year (2014). The paddy field decreased by 25,421 ha but, upland field increased by 13,331 ha. One of the reasons for the reduction of the paddy field was converting paddy field to upland (20,916 ha) > others (3,056) > building (2,571) > public facilities (847) > idle land (217). But, reasons for increase of upland field were switching paddy to upland (20,916 ha) > land developed (634). The main reason of converting paddy field to upland was changing from rice to more profitable speciality crops or pulses. The cropland area (paddy fields, upland, orchard) of Yangju city reduced by 1,412 ha (2015/2014). The ratio of cropland area in each city reduced by 22.9% dramatically compared 2015 to 1999. The paddy fields located in alluvial plains in Yangju city were changed into upland or green house. The drainage classes of soil have been deteriorated because the flows of water were intercepted by road construction and other disturbance to water flows. In particular, paddy fields have been changed to not only upland, orchard, greenhouse cultivation but also to fallow and soil dressing on paddy in Yangju city. To analyze result of soil survey of Yangju city, 858 soil codes (soil phases) were used and the area was 105.17ha. The number of soil series increased from 60 to 65, and that of soil phase increased from 105 to 124. The largest increased area was Noegog soil series. 125.7ha of Neogog soil series was incorporated from the existing Sachon, Yecheon and Eungog soil series. The soil suitability class of paddy field in Ogjung huge housing site of Yangju city was the 4th grade for 32.6% of the area. The soil suitability classes of upland were 2nd and 3rd grade for 72.4% of the area. Farm land with high quality should be conserved by related law.

Fraction and Soil Pollution Assesment Index of heavy metals in cultivated land soils near the abandoned mine (폐광산지역 경작지 토양의 중금속 존재형태와 토양오염평가)

  • 김휘중;양재의;이재영;최상일;전상호
    • Journal of Soil and Groundwater Environment
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    • v.8 no.4
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    • pp.53-63
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    • 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 the 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.

An Analysis on the Actual Condition of Land Expropriation System of Local Governments and Its Improvement Plan (지방자치단체 토지수용제도 실태분석과 개선방안)

  • Kim, Hyeong-Geun;Kim, Boo-Sung;Lim, Dong-Jin;Kim, Dong-Hyun
    • The Journal of the Korea institute of electronic communication sciences
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    • v.6 no.6
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    • pp.929-937
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    • 2011
  • This thesis is intended for addressing issues of the local expropriation committee system by drawing the policy suggestion through theoretical considerations on the land expropriation system of the UK and of the US, and for finding a plan to improve the system by focusing on the examples of land expropriation of local governments. The US' Takings utilize a public hearing and the jury system. When property is expropriated through eminent domain, stakeholders and citizens share the necessity of the expropriation and its awareness through a public hearing, and project institutes (administrative organizations) file a lawsuit to a law court to exercise takings. In the case of Compulsory Purchase in the UK, the system should be based on laws established by the Parliament, and the resolution to use CPO is also decided by district councils. So the system is able to prevent power abuse. As a plan to improve the land expropriation committee of local governments, it is necessary ${\triangle}$ to enhance the professionality of the local land expropriation committee, ${\triangle}$ to expropriate lands by the analysis of land type, and ${\triangle}$ to come up with alternative measures to prevent the rights of the expropriated.

The Obligation of Return Unjust Enrichment or Compensation for the Use of Flight Safety Zone -Seoul High Court Judgment 2018Na2034474, decided on 2018. 10. 11.- (비행안전구역의 사용에 대한 부당이득반환·손실 보상 의무의 존부 -서울고등법원 2018. 10. 11. 선고 2018나2034474 판결-)

  • Kwon, Chang-Young;Park, Soo-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.63-101
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    • 2020
  • 'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

Study on height restriction with respect to zone beyond the imaginary surface area under the Military Aviation Law (비행안전구역 밖에서의 고도제한)

  • Ha, Hong-Young;Kim, Hae-Ma-Joong;Hong, Sang-Beom
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.363-384
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    • 2003
  • The Military Airbase Law has designated imaginary surface, restricting the height of structure above the imaginary surface. The purpose of establishment of imaginary surface is to promote safety of aircraft operation. However, given the fact that the land is limited, the Military Airbase Law does not set up outer horizontal surface such that the reduced imaginary surface would undermine the safety of aircraft operations with respect to IFR (Instrument Flight Rules) procedures. The fact that some areas which IFR procedures require are not designated as imaginary surface results in no imposition of height restriction on such area. With regard to aviation safety, this article deals with issue of height restriction on area which is beyond the imaginary surface area. This article also examines the establishment of the imaginary surface in the Military Airbase Law, and conducts case study of imaginary surface systems in other country. Based upon this discussion, the current problems posed in the Military Airbase Law will be discussed. To resolve these problems, it is necessary to establish height restriction zone beyond the current imaginary surface area. The provisions of ICAO, FAA and other counties in relation with this issue are referred as well. As a result, many different proposals are suggested, and it is concluded as the most effective proposal that, in certain zone beyond the imaginary surface area, an aeronautic study should be required for the purpose of ensuring aviation safety before a permit of construction higher than prescribed height is issued.

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Analysis Characteristics of Physical - Chemical and Study on the Recycling of Sediment in Rural Canal (농촌수로 퇴적토사의 물리화학적 특성 분석 및 재활용 방안 검토)

  • Park, Jung Koo;Lim, Seong;Song, Chnag Seob
    • Journal of The Korean Society of Agricultural Engineers
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    • v.56 no.4
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    • pp.77-82
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    • 2014
  • In Korea, length of irrigation and drain canal is about 98,638 km. In the case of 2011, dredging on the irrigation and drain canal was 7,288 km about 3,290,483 $m^3$, cost of dredging was about 5.6 billion won and cost of dredging increases every year. (Korea Rural Community Corporation, 2013). In the case of land reclamation, the problem of cross-contamination due to leachate after landfill is expected, causing saturation of the landfill site, or complaints of landfill local residents, a number of problems. The ocean landfill is possible if the items of 14 types as defined in the Sea Pollution Prevention Law contained in sediment soil, such as chromium. In terms of cost and labor, it is need to develop a technology utilizing a processing method reasonable sediments for irrigation and drainage canal. The objective of this study was to analyze the characteristics of the sediment deposited on the irrigation and drain canal. it is to provide basic data for the scheme that can be efficiently recycled sediment deposited on the irrigation and drain canal.