• Title/Summary/Keyword: Land law

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Life Risk Assessment of Landslide Disaster in Jinbu Area Using Logistic Regression Model (로지스틱 회귀분석모델을 활용한 평창군 진부 지역의 산사태 재해의 인명 위험 평가)

  • Rahnuma, Bintae Rashid Urmi;Al, Mamun;Jang, Dong-Ho
    • Journal of The Geomorphological Association of Korea
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    • v.27 no.2
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    • pp.65-80
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    • 2020
  • This paper deals with risk assessment of life in a landslide-prone area by a GIS-based modeling method. Landslide susceptibility maps can provide a probability of landslide prone areas to mitigate or proper control this problems and to take any development plan and disaster management. A landslide inventory map of the study area was prepared based on past historical information and aerial photography analysis. A total of 550 landslides have been counted at the whole study area. The extracted landslides were randomly selected and divided into two different groups, 50% of the landslides were used for model calibration and the other were used for validation purpose. Eleven causative factors (continuous and thematic) such as slope, aspect, curvature, topographic wetness index, elevation, forest type, forest crown density, geology, land-use, soil drainage, and soil texture were used in hazard analysis. The correlation between landslides and these factors, pixels were divided into several classes and frequency ratio was also extracted. Eventually, a landslide susceptibility map was constructed using a logistic regression model based on entire events. Moreover, the landslide susceptibility map was plotted with a receiver operating characteristic (ROC) curve and calculated the area under the curve (AUC) and tried to extract a success rate curve. Based on the results, logistic regression produced an 85.18% accuracy, so we believed that the model was reliable and acceptable for the landslide susceptibility analysis on the study area. In addition, for risk assessment, vulnerability scale were added for social thematic data layer. The study area predictive landslide affected pixels 2,000 and 5,000 were also calculated for making a probability table. In final calculation, the 2,000 predictive landslide affected pixels were assumed to run. The total population causalities were estimated as 7.75 person that was relatively close to the actual number published in Korean Annual Disaster Report, 2006.

Development of unmanned hovercraft system for environmental monitoring (환경 모니터링을 위한 무인 호버크래프트 시스템 개발)

  • Sung-goo Yoo;Jin-Taek Lim
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.2
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    • pp.525-530
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    • 2024
  • The need for an environmental monitoring system that obtains and provides environmental information in real time is increasing. In particular, in the case of water quality management in public waters, regular management must be conducted through manual and automatic measurement by law, and air pollution also requires regular measurement and management to reduce fine dust and exhaust gas in connection with the realization of carbon neutrality. In this study, we implemented a system that can measure and monitor water pollution and air pollution information in real time. A hovercraft capable of moving on land and water simultaneously was used as a measurement tool. Water quality measurement and air pollution measurement sensors were installed on the hovercraft body, and a communication module was installed to transmit the information to the monitoring system in real time. The structure of a hovercraft for environmental measurement was designed, and a LoRa module capable of low-power, long-distance communication was applied as a real-time information transmission communication module. The operational performance of the proposed system was confirmed through actual hardware implementation.

An Analysis of the Specialist's Preference for the Model of Park-Based Mixed-Use Districts in Securing Urban Parks and Green Spaces Via Private Development (민간개발 주도형 도시공원.녹지 확보를 위한 공원복합용도지구 모형에 대한 전문가 선호도 분석)

  • Lee, Jeung-Eun;Cho, Se-Hwan
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.6
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    • pp.1-11
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    • 2011
  • The research was aimed to verify the feasibility of the model of Park-Based Mixed-Use Districts(PBMUD) around urban large park to secure private-based urban parks through the revision of the urban zoning system. The PBMUD is a type of urban zoning district in which park-oriented land use is mixed with the urban land uses of residents, advertising, business, culture, education and research. The PBMUD, delineated from and based on a new paradigm of landscape urbanism, is a new urban strategy to secure urban parks and to cultivate urban regeneration around parks and green spaces to enhance the quality of the urban landscape and to ameliorate urban environmental disasters like climate change. This study performed a questionnaire survey and analysis after a review of literature related to PBMUD. The study looked for specialists in the fields of urban planning and landscape architecture such as officials, researchers and engineers to respond to the questionnaire, which asked about degree of preference. The conclusions of this study were as follows. Firstly, specialists prefer the PBMUD at 79.3% for to 20.7% against ratio, indicating the feasibility of the model of PBMUD. The second, the most preferable reasons for the model, were the possibility of securing park space around urban parks and green spaces that assures access to park and communication with each area. The third, the main reason for non-preference for the model, was a lack of understanding of PBMUD added to the problems of unprofitable laws and regulations related to urban planning and development. These proposed a revision of the related laws and regulations such as the laws for planning and use of national land, laws for architecture etc. The fourth, the most preferred type of PBMUD, was cultural use mixed with park use in every kind of mix of land use. The degree of preference was lower in the order of use of commercial, residential, business, and education(research) when mixed with park use. The number of mixed-use amenities with in the park was found to be an indicator determining preference. The greater the number, the lower was preference frequencies, especially when related to research and business use. The fifth, the preference frequencies of the more than 70% among the respondents to the mixed-use ratio between park use and the others, was in a ratio of 60% park use and 40% other urban use. These research results will help to launch new future research subjects on the revision of zoning regulations in the laws for the planning and uses of national land and architectural law as well as criteria and indicators of subdivision planning as related to a PBMUD model.

A Study on the Legislation for the Commercial and Civil Unmanned Aircraft System Operation (국내 상업용 민간 무인항공기 운용을 위한 법제화 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.1
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    • pp.3-54
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    • 2013
  • Nowadays, major advanced countries in aviation technology are putting their effort to develop commercial and civil Unmanned Aircraft System(UAS) due to its highly promising market demand in the future. The market scale of commercial and civil UAS is expected to increase up to approximately 8.8 billon U.S. dollars by the year 2020. The usage of commercial and civil UAS covers various areas such as remote sensing, relaying communications, pollution monitoring, fire detection, aerial reconnaissance and photography, coastline monitoring, traffic monitoring and control, disaster control, search and rescue, etc. With the introduction of UAS, changes need to be made on current Air Traffic Management Systems which are focused mainly manned aircrafts to support the operation of UAS. Accordingly, the legislation for the UAS operation should be followed. Currently, ICAO's Unmanned Aircraft System Study Group(UASSG) is leading the standardization process of legislation for UAS operation internationally. However, some advanced countries such as United States, United Kingdom, Australia have adopted its own legislation. Among these countries, United States is most forth going with President Obama signing a bill to integrate UAS into U.S. national airspace by 2015. In case of Korea, legislation for the unmanned aircraft system is just in the beginning stage. There are no regulations regarding the operation of unmanned aircraft in Korea's domestic aviation law except some clauses regarding definition and permission of the unmanned aircraft flight. However, the unmanned aircrafts are currently being used in military and under development for commercial use. In addition, the Ministry of Land, Infrastructure and Transport has a ambitious plan to develop commercial and civil UAS as Korea's most competitive area in aircraft production and export. Thus, Korea is in need of the legislation for the UAS operation domestically. In this regards, I personally think that Korea's domestic legislation for UAS operation will be enacted focusing on following 12 areas : (1)use of airspace, (2)licenses of personnel, (3)certification of airworthiness, (4)definition, (5)classification, (6)equipments and documents, (7)communication, (8)rules of air, (9)training, (10)security, (11)insurance, (12)others. Im parallel with enacting domestic legislation, korea should contribute to the development of international standards for UAS operation by actively participating ICAO's UASSG.

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Study on the Conservation Management System of China's Natural Reserve (중국 자연보호구의 보전관리체계에 관한 연구)

  • Yao, Zhang;Kim, Dong-Pil;Moon, Ho-Gyeong
    • Korean Journal of Environment and Ecology
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    • v.29 no.3
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    • pp.474-484
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    • 2015
  • This study aims at providing exercisable basic data for the management of protection areas in China by investigating into their legal system such as current laws, regulations, other relevant laws and international treaties and the management system such as history, classification, organization, personnel, funds and main management work.. In People's Republic of China (1954), several laws have been enacted in succession, such as Environment Law (1989), Regulations of Natural Reserves (1994) and Land Management Methods of Natural Reserves (1995). The development process of China's natural reserves is divided into the following five phases. In the initial phase (1956-1965), about 20 natural reserves were established; in the lag phase (1966-1978), a part of the natural reserves was destroyed under the influence of the Great Cultural Revolution; in the development phase (1979-1998), a normative legal system began to appear after the reform and opening up; in the leap phase (1999-2006), the number of natural reserves increased dramatically; in the stable phase ( 2007-present), the protection and restoration of the ecological environment have been implemented, and the supervision and management have been strengthened. China has established natural reserves of national, provincial, municipal and county levels according to the relevant laws. According to the resource categories, natural reserves can be divided into natural ecosystem reserves, wildlife reserves and natural relic reserves. The Ministry of Forestry is in charge of 1,958 natural reserves which account for 74.2 % of the total natural reserves in China. In China, there are 1,384 natural reserves (52.4 %) for which management institutions have been set up. 1,702 natural reserves (64.47 %) are equipped with management staff, showing a higher ratio than the natural reserves which have set up management institutions. China has established natural reserves of national level, provincial level, municipal level and county level according to law. According to the resource categories, natural reserves can be divided into natural ecosystem reserves, wildlife reserves, and natural relic reserves. The Ministry of Forestry is in charge of 1,958 natural reserves which accounts for 74.2 % of the total natural reserves in China. In China, there are 1,384 natural reserves (52.4 %) which have set up management institutions. 1,702 natural reserves (64.47 %) are equipped with management staff with a higher ratio than the natural reserves which have set up management institutions.

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.

Permission of the Claim that Prohibits Military Aircraft Operation Nearby Residential Area - Supreme Court of Japan, Judgement Heisei 27th (Gyo hi) 512, 513, decided on Dec. 8, 2016 - (군사기지 인근주민의 군용기 비행금지 청구의 허용 여부 - 최고재(最高裁) 2016. 12. 8. 선고 평성(平成) 27년(행(行ヒ)) 제512, 513호 판결 -)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.45-79
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    • 2018
  • An increase of airplanes and military aircraft operation lead to significant demanding of residential claims by people who live in nearby airports and military bases due to noise, vibration and residential damages caused by aircraft operations. In recent years, a plaintiff has filed a lawsuit against the defendant, claiming the prohibition of using claimant's possessed land as a helicopter landing route, and the Daejeon High Court was in favour of the plaintiff. Although the Supreme Court later dismissed the Appeal Court decision, it is necessary to discuss the case of setting flight prohibited zone. In Japan, the airport noise lawsuits have been filed for a long time, mainly by environmental groups. Unlike the case that admitted residential damages caused by noise, the Yokohama District Court for the first time sentenced a judgment of the prohibition of the flight. This ruling was partially changed in the appellate court and some of the plaintiffs' claims were adopted. However, the Supreme Court of Japan finally rejected such decision from appeal and district courts. Atsugi Base is an army camp jointly used by the United States and Japan, and residents, live nearby, claim that they are suffering from mental damage such as physical abnormal, insomnia, and life disturbance because of the noise from airplane taking off and landing in the base. An administrative lawsuit was therefore preceded in the Yokohama District Court. The plaintiff requested the Japan Self-Defense Forces(hereinafter 'JSDF') and US military aircraft to be prohibited operating. The court firstly held the limitation of the flight operation from 10pm to 6am, except unavoidable circumstance. The case was appealed. The Supreme Court of Japan dismissed the original judgment on the flight claim of the JSDF aircraft, canceled the first judgment, and rejected the claims of the plaintiffs. The Supreme Court ruled that the exercise of the authority of the Minister of Defense is reasonable since the JSDF aircraft is operating public flight high zone. The court agreed that noise pollution is such an issue for the residents but there are countermeasures which can be taken by concerned parties. In Korea, the residents can sue against the United States or the Republic of Korea or the Ministry of National Defense for the prohibition of the aircraft operation. However, if they claim against US government regarding to the US military flight operation, the Korean court must issue a dismissal order as its jurisdiction exemption. According to the current case law, the Korean courts do not allow a claimant to appeal for the performance of obligation or an anonymous appeal against the Minister of National Defense for prohibiting flight of military aircraft. However, if the Administrative Appeals Act is amended and obligatory performance litigation is introduced, the claim to the Minister of National Defense can be permitted. In order to judge administrative case of the military aircraft operation, trade-off between interests of the residents and difficulties of the third parties should be measured in the court, if the Act is changed and such claims are granted. In this connection, the Minister of National Defense ought to prove and illuminate the profit from the military aircraft operation and it should be significantly greater than the benefits which neighboring residents will get from the prohibiting flight of military aircraft.

A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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The Ecological View of Robert Smithson's Reclamation Project (로버트 스미슨의 "개간 프로젝트"에 나타나는 생태학적 세계관)

  • Lee, Jaeeun
    • The Journal of Art Theory & Practice
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    • no.15
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    • pp.7-30
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    • 2013
  • This is a study on the ecological view of Robert Smithson's reclamation projects. Smithson was a pioneer of Earth art in the late 1960's. Robert Smithson believed that he could transform industrial wastelands, such as an abandoned oil rig and a no longer used quarry, into "Earth Art." In the early seventies, he conceived of land reclamation as a new art form and called this art "Reclamation Projects." His attention regarding industrial ruin started from the American political and social situations in the 1960's. In the late 1960's, American society was in chaos from the right of movement of African Americans, the women's rights movement and from the strike for renunciation of the Vietnam War. The intellectual class seemed to believe that it was the destiny of a closed system's society to run in the direction of entropy. Smithson, who was skeptical about the system of American society, also thought that entropy was the proper diagnosis to describe America's situation in the 1960's. The 1960's civic movements like the civil rights movement and antiwar movements expanded into the environmental movements based on ecological views of the 1970's. The government had also started to worry about environmental pollution. Thus, the reclamation act was also established in 1972. Smithson believed that the relation between art and social background are closely related and affect each other. He was concerned with how art can join society, and the result was reclamation projects. Such reclamation projects lie on man-made wastelands, like abandoned oil rigs and no longer used quarries, which was an allegory of entropy. He also thought that Frederick Law Olmsted was a pioneer of earth art. The aesthetic category of Olmsted's view of landscape is to be based on the picturesque of Uvedale Price and William Gilpin. So Smithson, who considered Olmsted as his touchstone, also accepted the picturesque. Such reclamation projects aim to change with nature by adapting the creative power of artists to the ruin which has the highest level of entropy in industrial society. Smithson wanted this to become the bridge between man and nature. His reclamation project's aim, which shows the system interacting between man and nature as a network, is not different from the ecological view of the 1970's environmental movement.

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Construction and Applicability of GIS-Based Grave Management System (GIS기반 분묘관리시스템의 구축 및 적용)

  • Lee, Jin-Duk;Lee, Seong-Hwan
    • Journal of the Korean Association of Geographic Information Studies
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    • v.14 no.4
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    • pp.208-220
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    • 2011
  • Korean traditional practice that gets a gravesite for burial and reckless grave establishment not only obstructs systematic national land management and reasonable urban development, but also causes a serious factor which has a harmful effect on natural environment and residential space in reality that our country is limited in area and national and social bases for use and establishment of graves are still inadequite. Though government and local governments have tried to cope with these problems by enacting legislation on funeral and others and so forth, they still have a variety of problems due to the shortage of grave management systems and information of accumulated individual graves. This study describes about the development of a GIS-based grave management system for making administrative management for individual cemeteries the prime object. As a result of application to a pilot area, the system developed in this study was able to be applied for supporting the time-limited burial system and managing cemeteries for those who left no relatives behind by constructing the database with grave-related position/attribute information which are collected by administrative system or direct survey. In addition, it is expected that this system will be utilized as a systematic management method that can be handed down the present or the future descendants under the tradition of the family-oriented funeral culture.