• Land and Housing Review
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• v.11 no.4
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• pp.75-92
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• 2020

This study explores the outcome of the current Land Compensation Act for the indigenous residents of DAEIM Public Development Project Zone in Gyeongsan City. The purpose of the law is to return part of the development gains to the native residents and to support the re-settlement of the native residents. As the Land Compensation Act applies to each area with different standards, the monetary terms of land compensation which the native residents eventually receive varies across the region and development sites. That means the development gain is not fairly shared with the native residents of the redevelopment area and it does not necessarily support the settlement of the existing residents. It is supposed that the actual compensation for the native residents should be in full cash value but it is not in reality. The study demonstrates the outcomes of the land compensation that the residents received are far from the original purpose of the Compensation Act using the case example of DAEIM Public Development Zone in Gyeongsan, Gyeongsangbukdo. Only a small proportion of the natives managed to achieve the development gains. Accordingly the majority of the native residents has lost re-settlement opportunity. It suggests that the Compensation Act and the implementation procedure should be reviewed and revised accordingly. The details of compensation plan should be tested and set up in line with the characteristics of the project area. In particular, the compensation details in terms of the size and types of land, average value of land for indigenous residents receive, and the amount of compensation per household should be clearly demonstrated to the resident.

• Journal of the Korean Institute of Landscape Architecture
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• v.27 no.1
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• pp.1-10
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• 1999

There is no official landscape architectural organization in the current government organization in Korea. Therefore, it is necessary to establish the landscape architectural organization which will carry out the works of the special landscape architectural interest and create the new services with other interested government offices. The contents of the study are as follows; 1. A legal basis for the establishment of the landscape architectural organization is the demand for the introduction of the landscape architectural organization which has 5 types(urban planning, architecture, land register, land surveying, civil work) of the special groups to official organization by changing the 1 article of the Official Appointment Regulations. 2. Theories of law of equality for everyone(the Constitution of Korea : §11(1)), the rights of having pleasant residential life(the Constitution of Korea : §35(3)) and the national duty of employment increase(the Constitution of Korea : §32(1)) are reviewed to provide the legal reason of establishing the landscape architectural organization. 3. With the addition of new landscape architectural organization, it could expand the areas of landscape architects by adding of new landscape architectural subjects into official examinations for government employees. Also it is necessary to exempt the test for those who have licenses and to give additional points in evaluation their works at the end of year to the people who have licenses. 4. The reasons for the creation of new landscape architectural organization into the present official organization are acquired from the derivation of 23 present regulations referring to the landscape architects, the existence of the landscape architectural administrative departments belonging to the Metropolis of Seoul, and the favorable result of the questionnaire on the establishment of the new organization. Hereafter the lawyers should be cooperated with landscape architects to initiate the related principles of law, and it is necessary to analyze each text of the related laws in detail to establish the landscape architectural organization by means of the joint studies.

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

• Strategy21
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• s.30
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• pp.263-285
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• 2012

History, demonstrating convincingly that pirates have arisen continuously for a lengthy period of time throughout the world, is able to become a cooperative study of international law in terms of pirates matters ; Viking pirates. There are beneficial topics for the study of true nature of viking activities and the settlement of present pirates matters ; How were the pirates activities of Vikings, What sort of relations do they have between Vikings and other pirates which have arisen in world history, What are the differences compared to present concept of pirates. There were active pirates activities in the coast and waters of Scandinavia even before the period of the Migration Age because of geographical condition. With those experiences, Vikings began to ambush Britain Islands sailing across the North Sea since the late 8C, ages of migration in earnest. They ambushed all coasts of the European Continent expending boundary until the late of 11C. Pirate activities in a sort of guerrilla operations were operated when they encountered Islams in the Iberian Peninsula and the coast of North Africa. They showed twofold attitudes ; if the defence of the region and sea was weak, they plundered, or if strong, traded. In plundered europeans' position, Vikings were pirates with cruelty and barbarians. In vikings position, they were normal human beings who did a pirate activity to lead a better life. Viking pirates showed different characteristics in terms of three aspects ; area and aspect of action, activity after piracy. Meanwhile, Viking pirates showed several differences with pirates defined in terms of modern international law. Among the satisfying conditions of pirates, required by the international law of the sea, Vikings fulfilled animus furandi, desire for gain, activities for hatred and revenge, and private ends. Other conditions including attacking authority of the vessels, activities toward private ships, activities in the coast and the land, and illegal terroristic activities toward ships are found in viking pirates. However, Viking pirates do not show the activities in high seas and in the outside of a State's jurisdiction. In addition, it cannot be excluded that they pirated with vessels of regional leaders and the Sovereign, not private ships. Contrary to the definition of concept in terms of modern international law toward pirates, Viking invaded foreign waters, came on shore to foreign land and island, went up-stream the rivers to the back of interior, and attacked churches and abbeys. Strangely, they sometimes settled down in the places where they had pirated. Today, pirates appearing in history and defined in international law exist simultaneously and separately. It means, the historical nature and the nature under the international law are turning up differently. Historical cases of pirates should be reflected to modern international law. If so, it seems that the clue to solve pirate problems can be arranged. History is the immortal living thing, which not just existed as a past but reflects present.

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

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.61-114
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• 2018

Recently airspace became a hot issue considering today's international relations. However, there was no data that could be fully explained about a legal system of korean airspace, so I looked at law and practice about korean airspace together. The nation's aviation law sector is comletely separate from those related to civil and military aircraft, at least in legal terms. The Minister of Land, Infrastructure and Transport shall carry out his/her duties with various authority granted by the "Aviation Safety Act". The nation's aviation-related content is being regulated too much by the Ministry of Land, Infrastructure and Transport's notice or regulation, and there are many things that are not well known about which clauses of the upper law are associated with. The notice should be clearly described only in detail on delegated matters. As for the airspace system, the airspace system is too complex for the public to understand, and there seems to be a gap between law and practice. Therefore, I think it would be good to reestablish a simple and practical airspace system. Airspace and aviation related tasks in the military need to be clearly understood by distinguishing between those entrusted by the Minister of Land, Infrastructure and Transport and those inherent in the military. Regarding matters entrusted by the Minister of Land, Infrastructure and Transpor, it is necessary to work closely with the Minister of Land, Infrastructure and Transport when preparing related work guidelines, and to clarify who should prepare the guidelines. Regarding airspace control as a military operation, policies or guidelines that are faithful to military doctrine on airspace control are needed.

• Land and Housing Review
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• v.9 no.2
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• pp.9-19
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• 2018

The purpose of the study is to show the possibility of the enlargement of land banking types through employment of the French land bank case. For sustainable urban regeneration projects, it is necessary to improve the land banking system with comprehensive land banking types. There are a total of 35 land banking agencies in France, which are made according to the needs of the municipality. The main function of these institutions is to perform functions such as land acquisition, management, division, land maintenance(decontamination, etc.), land use plan review and so on. In the 1960s and 1970s, mainly purchase and maintenance of land mainly focused on Brownfield and idle land, but since 2000 the land purchase business is mainly for the supply of social rental housing which is missing It was. The use of land banks is most frequently mentioned as a way of how to supply land at a low price in urban renewal projects. To that end, it is necessary to revise related laws, even if the law is revised so that land for urban regeneration projects can be secured, due to the limit of financial resources, land for the urban regeneration project nationwide secured It will not be easy without policy judgment of a positive nation. Therefore, securing land reserve resources for urban regeneration projects utilizing residential district funds and municipal maintenance funds is essential. In addition, even on a small scale, it is necessary to consider the banking of land for regional capitalization at the local government level.

• Journal of the Korean Professional Engineers Association
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• v.16 no.1
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• pp.20-34
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• 1983

A phenomenon in the unplanned urban sprawl of Cheong-ju city has to be rest-rained from disposing and to develop, though progress in urbanization inevitably decreases rural area. So, this thesis aims at reviewing, revising and guiding toward the more effective land use planning practice and zoning mechanism and system of Cheong-ju city. I proposed that land use planning should be had several factors and thereupon that Korean zoning mechanism and system including Building Code should be amended because of inducing human activities in buildings and facilities not to demarcate and plan every one of them. First, the factors of urban planning are a rather diversified approach to it than a unified, supplementation of the applicable difference in time between preparing and appling it, a solid controlling system, a micro and macro planning theory and giving serious consideration for the inertia from the existing land use. Second, the applicable amendments for our zoning mechanism including Eluding Code are as follows; a need of reorganization for Zoning Ordinance appricated to different regulation concerning a scale and peculiarity of a oily, a decision of the different earmarked confinement in area to different zone ana from Zoning Ordinance in City Planning Law, a demarcated facilities and the more detailed land use concerning human activies than the exsisting and entrusting decision on the ways and processes of it to every rural city planning committee, a settlement of zone ana area considering for block-unit and Planned Unit Development(P. U. D.), and a need of security jurisprudence in order to solve the zoning regulation rather in City Planning Law than in Building Code that our zoning regulation and controlling system are depended on. According to these applicable amendments to Cheong-ju city, I proposed the conceptions of Cheong-ju city land use planning are as follows; a reinforcement with one cored pattern of urban land use, a selection of gradual urban sprawl by way of city development and renewal, a strengthening accessibility to the core of the city with Plurizing the system of arterial roads, a choice of priority to conservation at the core of tile city and security of open spaces and parking area at the area of the city, a harmonization between development and conservation at the inner ring area that is situated between the core and periphery reserved area in order to develop in the future, a buffered open space situated at the congested area with heterogenous functions, and a completion of urban open space system. The proposal made here so far is for the hope of the better structure of Cheong-ju city that should be granted to the peculiarity developed with educational, cultural, conservative and self-sufficient city functions.

• Journal of Cadastre & Land InformatiX
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• v.46 no.2
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• pp.93-105
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• 2016

Among 28 land Categories, 'road' is that most frequently established or transformed. Like that of other 27 land categories, the boundary of road should be defined by boundary making principles and then fixed by cadastral laws. But, some criteria to determine the land boundary, especially in boundary making rule which can be used by geographical features, is confused partly in Land Use Planning stages. Because the purpose of making any rules in fixing road boundary may be misinterpreted, the gap between law and real land boundary can be occurred. Those related rules in determining the land boundary must be improved urgently. Cut surface' or 'slope' should be conformed as a legal term and I suggest that 'Structures' must be changed to 'geographical features'.

• Journal of the Korean Association of Geographic Information Studies
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• v.9 no.3
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• pp.46-57
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• 2006

The purpose of this study is to develop a GIS-based digital Forest Land-use(FLU) Map Building Process which will be adopted as the map publishment methodology for the official FLU Map notification in 2007. The process is composed of 6 steps, extracting forest lands from Continuous Land Map(CLM), extracting forest land borders restricted by other laws, extracting boundaries between semi- and reserve forest lands, making digital FLU map by integrating spatial and attribute data among the extractions, printing FLU map and FLU register, and re-correcting zoning errors. Through the process, in 1:25,000 and 1:5,000 scale, 14 and 173 sheets of the FLU Maps and it's register were created for the whole area of Hwaseong, Kyunggi.