• Title/Summary/Keyword: Law for Landscape

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A Study on the Type of Litigation through Analysis of Landscape Precedent (조경 판례분석을 통한 소송의 유형화 연구)

  • Park, Hyun-Bin;Kim, Dong-Pil;Moon, Ho-Kyung
    • Journal of the Korean Institute of Landscape Architecture
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    • v.48 no.4
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    • pp.8-18
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    • 2020
  • This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.

The Implications and Characteristics of the Policies for Park and Green Spaces in England (영국 공원녹지 정책의 최근 경향과 특성)

  • Kim, Yun-Geum;Choi, Jung-Min
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.2
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    • pp.86-96
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    • 2012
  • Recently parks and green spaces contribute not only as a place of leisure but also for environmental welfare, social education, new jobs and $CO_2$ Emissions Reduction. Parks and green spaces are understood as urban infrastructures like roads and rivers. They are also included in social infrastructures like education, culture, and welfare facilities. These changes are applied to policies for parks and green spaces, many governments and local authorities make investments on them. The modification of policies for parks and green spaces in England is a good example about this trend From this view point, this study now deals with the changing process of policies, results, and evaluation. Some implications have been deducted. The first is the inducement in participation in policies and implementation of practices through policy papers. They are more practical than written laws which are composed of abstract sentences and generalizations. Secondly, the status of parks and green spaces is highly raised with the establishment of CABE Space and so on. This organization controls many different policies and programs related to parks and green spaces. Third is the funding for the improvement of parks and green spaces. Fourth, are the short-term measures, such as funding and management, and the long-term measures such as pursuing building of partnership and training. Fifth, the government strives to establish its partnership with the local authorities and communities through a spectrum of support in terms of information, monitoring, and developing good practices among networks. Finally, parks and green spaces are being addressed from multiple directions through the participation of numerous agents like voluntary groups, development companies, communities and so on. Recently, in Korea, the influences of the Sunset Law for Park Site, Landscape Architecture Law, Urban Forest Law, and other related ordinances have encouraged the review on the policies on parks and green spaces needed. However, there are not many studies about them. Owing to these reasons, the cases of England will he helpful.

A Study on the Right Direction of Green Standard for Energy and Environmental Design(G-SEED) from the Perspective of Landscape Architecture (조경관점의 녹색건축 인증기준에 대한 방향 정립)

  • Cha, Uk Jin;Nam, Jung Chil;Yang, Geon Seok
    • Journal of the Korean Institute of Landscape Architecture
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    • v.44 no.4
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    • pp.45-56
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    • 2016
  • In this study, an analysis has been conducted on the evaluation criteria of current G-SEED(Green Standard for Energy and Environmental Design) and on the 78 buildings, certified by G-SEED, for 3 years from November, 2012 to November, 2015. Based on the results of this analysis, four issues are driven and proposed hereinafter. Issue 1 : Nowadays, the psychological proportion of landscape architecture in building is getting greater than ever so that it shows reliable reduction of carbon dioxide. Therefore, so far as the eight kinds of buildings are concerned, the evaluation items of G-SEED must include those of landscape architecture mandatorily through its enlargement. Issue 2 : It is undesirable factor that inhibits precise evaluation on landscaping area to let other areas appraise landscape architecture because it requires outstanding professionalism. So, G-SEED should not only ensure landscaping professionalism for the correct evaluation but also let landscape area participate in assessing other areas. Issue 3 : Many previous researches turned out that landscape planting technique has excellent effect on saving energy and reducing temperature of buildings. Thus, landscape planting technique of landscape area is required to be one of the evaluation items of energy sector. Issue 4 : Tree management also has to be newly included as one of the evaluation factor for the maintenance relating to the landscape architecture. G-SEED, enacted and enforced by the Green Building Creation Support Act in 2013, surely is effective system to reduce carbon dioxide in buildings. This is a special Act in its nature that is superior to Construction Law and must be observed by all means to construct buildings. Under the umbrella of this legal system, various of researches and products are contributing to creating new jobs in construction area. However, it is a well-known fact that landscape architecture area has shown less interest on this Act than that of construction area. In conclusion, it is necessary that landscape industry should conduct continuous researches on G-SEED and pay more attention to the Act enough to harvest related products and enlarge its work area.

Growth Responses and Introduction Plan of Interior Landscape Plants under Light Intensity of Fluorescent Light and Sunlight (형광등과 자연광의 광도에 따른 실내조경식물의 생육반응과 도입 방안)

  • Choi Kyoung-Ok;Lee Sang-Woo
    • Journal of the Korean Institute of Landscape Architecture
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    • v.33 no.4 s.111
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    • pp.119-128
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    • 2005
  • This study was carried out to obtain fundamental information of growth response of interior landscape plants under a fluorescent lighting, a sunlight at indoor. Ficus elastica Roxb. vu. decora Hort, Spathiphyllum 'Clevelandii', Codiaeum variegatum Blume var. pictum Mvell. Arg. 'Exalant' and Cordyline terminalis Kunth var. red edge Hort were examined under 100lux, 500lux, 1,000lux and 2,000lux light intensity consisted of fluorescent lighting and sunlight at indoor condition. Result of experiments are as follows; 1. A Ficus elastica Roxb. var. decora Hort plant growth status was better showed under fluorescent lighting than sunlight. A plant growth status showed the best result under 2,000lux light intensity of fluorescent lighting in cases of all conditions. 2. A Spathiphyllum 'Clevelandii' showed the best effective adaptations under law intensity among experimental plants. A Spathiphyllum 'Clevelandii', plant growth status was better showed under fluorescent lighting than sunlight. A plant growth status showed the best result under 1,000lux light intensity of fluorescent lighting in cases of all conditions. 3. It need the best high establishment of fluorescent lighting among experimental plants for good plant growth. A Codiaeum variegatum Blume var. pictum Mvell. Arg. 'Exalant' plant growth status was better showed under fluorescent lighting than sunlight. A plant growth status was better showed under high light intensity in case of same light source. A plant growth status showed the best result under 2,000lux light intensity of fluorescent lighting. 4. A Cordyline terminalis Kunth var. red edge Hort plant growth status was better showed under fluorescent lighting than sunlight. but, A plant growth status was better showed under $500lux\sim1,000lux$ than 2,000lux in cases of all intensity of fluorescent lighting. while, A plant growth status was better showed under $1,000lux\sim2,000lux$ in cases of all intensity of sunlight.

An Analysis of Status Quo on the Multi-layer Planting at the landscape Planting Area in Apartment and Neighborhood Parks in Seoul Metropolitan Area (조경식재공간에서 다층식재의 실태분석 -수도권 아파트와 근린공원을 중심으로-)

  • 심우경;이동익
    • Journal of the Korean Institute of Landscape Architecture
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    • v.29 no.1
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    • pp.140-151
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    • 2001
  • This study based on the theoretical understanding of multi-layer planting which have engineering, ecological and landscape benefits, was conducted to find out the status of multi-layer planting in the apartment and neighborhood park in Seoul. This study was also aimed to seek for the problematic matters, and suggest a solution on the current multi-layer planting. The results of this study were as follows; 1) Since landscape woody plants have been classified just as tree and shrub in Korea, the classification for the multi-layer planting has been unreasonable, and landscape woody plants might have been classified as tree, sub-tree and shrub, or upper, middle, and lower-layer, It could be defined that upper layer is over eight meters in full growth, middle over 3-8 meters and lower under 3 meters. 2) In apartments, the upper layer consisted of eighteen species, the middle and lower layer seven species each. In neighborhood parks, the upper layer consisted of fifteen species, and the middle and lower layer five species each. 3) In terms of planting year of the surveyed areas, there were no differences in the number of species when planting year of the apartment was divided into two groups, the first half(1900-1995) and the second(1996-2000). But, in terms of individual occupation, the percentage was decreased in upper layer, while there was increasing in middle and lower layer. 4) As the result of survey of multi-layered area, it appeared that apartment was shown 0.65 percent and neighborhood park 0.61 percent of the planted area, which was less than 1 percentage of landscape architecturally planted area. 5) In apartment, the number of individual in middle layers has been increased in the first half and the second, but with respect to the correlation with multi-layered area, the apartments had the "$\rho$=0.208", saying that increasing middle layer was scattered planting instead of multi-layered planting. 6) In planting at the apartments in Korea, the planting density was limited, because the layer division was restricted to only tree and shrub. On the contrary, it was divided into upper, middle and lower tree in Japan. Therefore, in Korea, it should be classified as the planting density by dividing into tree, sub-tree, and shrubs, or upper, middle and lower tree by the law. And, it should be considered that the multi-layered planting has a proper organic relation as well as the planting density.g density.

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Comparative Study of the System for Decentralized Rainwater Management in Korea and Germany (한국과 독일의 분산식 빗물관리를 위한 제도 비교 연구)

  • Han, Young-Hae;Lee, Tae-Goo
    • Journal of the Korean Institute of Landscape Architecture
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    • v.34 no.4 s.117
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    • pp.84-95
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    • 2006
  • This study begins by examining the reason for the lack of urban planning that takes the water cycle into consideration. While there are institutions that support environmentally friendly development or smooth water circulation, these designs are not reflected in planning nor in the real world. After reviewing foreign case studies, policy suggestions and possible policy implications for Korea are derived. In Korea, there is not a sufficient level of relevant laws or institutions systematically established to make it possible to deal with rainwater in a decentralized way. Instead, facility standards or guidelines are considered separately for the control of water and for preventing natural disasters. And even though an environmentally friendly approach is stipulated in relevant laws in terms of spatial planning, there are no planning systems or implementation tools to actualize this kind of approach. The factors that make decentralized rainwater management possible in urban planning are analyzed based on the case study of Germany. Germany requires developers to plan in order to achieve ecological urban development. In addition, as a detailed implementation tool to promote conservation of the water cycle, the law provides for various kinds of measures such as restrictions on the proportion of impervious surface area according to the use of the land, required compensation measures for environmental degradation following development, introduction of a fee for rainwater runoff and the establishment of ecological landscape planning. The actual reason these measures can be implemented however is the provision of planning guidelines and design criteria for rainwater utilization, absorption and containment, and the construction of a database for various environmental information.

Evaluation of Wetland as Application on Limits of Acceptable Change: LAC.Recreation Opportunity Spectrum: ROS Methods (허용변화한계법(Limits of Acceptable Change: LAC)과 휴양기회분포(Recreation Opportunity Spectrum: ROS)를 적용한 갯벌자원 평가)

  • 김진선
    • Journal of the Korean Institute of Landscape Architecture
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    • v.31 no.4
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    • pp.57-66
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    • 2003
  • The purpose of this study is to evaluate the resource value of existing mud flats in JANGWHARI, KANGWHADO, as strategies for ecotourism. The research methods used in this study are Limits of Acceptable Change(LAC), and Recreation Opportunity Spectrum(ROS). The LAC process draws attention to the existing area conditions that are judged to be acceptable. Managers must define desired area conditions and undertake actions to maintain or achieve these conditions. The ROS is within each of the recreation opportunity classes identified as being used at the regional level. The Results of this study are as follows: 1) The Opportunity Class of the ROS is ecological, physical, social, managerial setting as primitive, semi-primitive. non-motorized, semi-primitive$.$motorized, and roaded natural. 2) The indicator of the LAC is ecological, physical, social, and managerial setting; the indicator of ecological is wildlife populations, water quality, road paving; the indicator of physical is facilities; the indicator of social is visitor needs for knowledge, adventure, eco-experience, and environmental education programs; and, the indicator of managerial is limits of law, and degree of management. 3) Currently, the Opportunity Class of the ROS of JANGWHARI, KANGWHADO is levels II-III, and the Opportunity Class of the suggested ROS is levels I-II. 4) This paper describes strategies for mud flat area management: detection of water quality, resolving problems of equipment, supply of both environmental education programs and guide equipment.

A Survey on the Forest Cultural Assets in the Southern Coastal Areas for the Designation and Maintenance of Law-protected Trees (보호수 지정 및 관리를 위한 남해안 지역 산림문화자산 실태조사)

  • Kang, Kee-Rae
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.30 no.2
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    • pp.28-36
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    • 2012
  • Forests are one of the basic assets nearest our daily lives that provide the foundation of life necessities, culture and even survival. These assets pervade local residents' lives as culture and the necessities of life, and they will be handed down to posterity. Therefore, this study was conducted to carry out a field survey on old trees, plant communities and forests in the southern coastal areas in Korea, where not many surveys were not conducted on the forest cultural assets, further examining a possibility that some of the trees should be designated as law-protected. As for the survey of plants, this study investigated 80 different spots of old trees, plant communities and forests, located in 11 cities and counties in Gyengnam Province and Jeonnam Province adjacent to the southern coast of Korea. To measure the health and actual maintenance conditions of old trees and plant communities objectively, the standard of judgment was established through the brain storming of experts. As a result of the field survey, out of all the old trees and plant communities that are not law-protected, this study selected old trees and plant communities that are in good health and likely to pass the standard of designating law-protected trees according to the Established Rule 574 of the Korea Forest Service Regulation. As for the plant community and old trees likely to be law-protected, this study judged that the torreya forest in Naneum Li, Namhae and old trees in 13 spots, in cluding so-called 'Couple Pine Tree' in Pyeongsa Li, Hadong, have a high possibility of being designated as a law-protected plant community and old trees. As for the species of old trees, there were 3 zelkova serrata trees, 3 celtis sinensis persoon trees, 2 pinus densiflora trees, 1 castanopsis cuspidata tree, 1 salix chaenomeloides tree and 1 machilus thunbergii tree found in the survey areas. Overall, this study judged that those old trees and plant communities require a national systematic maintenance by being designated as law-protected ones, and their values should be handed down to posterity as our forest cultural assets.

A Basic Study to Establish a Framework Act on Landscape Architecture (조경 기본법 제정을 위한 기초 연구)

  • Shin, Ick-Soon;Koo, Bon-Hak;Byeon, Jae-Sang
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.6
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    • pp.86-97
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    • 2011
  • This study analyzed the necessity of the tentatively-named "Framework Act on Landscape Architecture" as an umbrella law in the field of landscape architecture regarding legal, industrial, and academic aspects and is intended to provide basic data to suggest the optimal legal system and legislative proceedings to control it. This study can be summarized as follows: First, a form of framework act on landscape architecture is appropriate for a compromise between ideal type and political framework. Some content is suitable for proclamatory character including present and future issue related to the landscape architecture fields. Second, legislative proceedings are more reasonable as motions coming from assembly proposals rather than government. Motions by assembly proposal recommend the following procedure: submission of a legislative bill by an assemblyperson, passing of a permanent commission, review by government, leading approval by emphasis on correspondence with the principle to carry out government affairs, proclamation. Third, a frame based on content and form can be made up of a total of 7 chapters 34 articles. The function must include the following: the suggestion of direction for government policy, the systematization of the institution and what it includes, the control of government administration, a public service system regarding public relations for landscape architecture and so on. The results of this study will form a social consensus about the necessity of a framework act regarding landscape architecture fields and contribute to informing the importance of landscape architecture as related to other industrial fields.

Study on Comparison of Korean and Japanese National Park Systems from the Conservation Perspective (보전적 측면에서 바라본 한국과 일본의 국립공원제도 비교)

  • Jo Tae-Dong
    • Journal of Environmental Science International
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    • v.13 no.10
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    • pp.871-882
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    • 2004
  • Korea's national park system resembles that of Japan in many ways. In this study, National park Systems of the two countries are compared from a standpoint of their historical backgrounds to be formed and in aspect of its conservation by the main revision of national park laws in perspective. In conclusion it was found out that Korea's toleration-based regulations on building park amenities have gradually neglected the park conservation effort, whereas Japan's authorization-oriented regulations have streng thened their emphasis on park conservation. From the comparison as above, the polices to be modified for Korean national park are proposed as follows: 1. National park system, which values diversity of species, is to be proposed. For this, the Article 8 which allows a development of National parks, Enforcement Ordinance Article 4, The Article 18 of Law, Enforcement Regulation Article 6 & 7 of National Park Law should be reviewed for deletion and revision. 2. On the basis of the laws, zoning system should be readjusted by discriminated conservation policy. Also, the readjustment of zoning system should be enforced after thorough analysis and research on the value of natural resources in the national park. 3. Korea should closely review the recently revised Japanese laws on the national parks and nature revitalization promotion for applying them to conservation policy of Korean national parks.