• Journal of Service Research and Studies
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• v.11 no.4
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• pp.1-20
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• 2021

This study was conducted to derive a model of the legal system that is the basis for realizing the service economy, political administration, and social education system. Based on the experience of mankind's legal system operation in the historical era for the past 5,000 years, a legal system model that will make the future human society sustainable has been established. The problems of the current legal system were analyzed at the fundamental level. The root cause of injustice and unfairness was analyzed and a new legal system was designed. Through the legal systems of various national societies that have been attempted in the history of mankind, the structure of the legal system that is desirable for the modern society was designed. Human society, which has experienced how much good legal system has been and is being abused by human irrationality and nonsense, needs to make an effort to change the legal system paradigm itself by learning lessons from failure. This study derives the basis for a legal system that can realize justice and a fair society in the long term. It proposed a model for improving the legal system that allows human society to be happy for a long time. To this end, the fundamental role of the legal system was analyzed at the ideological level and the problems of the current legal system were presented. In addition, the problem of fundamental assumptions about human nature was analyzed and improved assumptions were presented. The structural system of the current legal system was analyzed and a new structure was proposed. In addition, a plan for the operation of a new legal system based on a new structure was suggested. The new legal system was named servicism system. This is because it is a model centered on thorough checks and balances between all opponents, not a simple linear one-dimensional legal system, but a multidimensional legal system, and because it is a viewpoint that clearly recognizes both human reason and desire. The new system is a model that reflects the confrontation between the rule of law and the non-law rule and the confrontation between the power people and the general public. A follow-up study is needed on a concrete plan for transitioning from the current legal system to a new legal system.

• Journal of the Korean Institute of Landscape Architecture
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• v.52 no.1
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• pp.71-86
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• 2024

Despite the increasing importance of urban parks' ecological functions in dealing with the climate crisis, ecological parks are not clearly defined in Korea's legal system. Numerous ecological parks created nationwide cannot be systematically designated and managed due to various legal bases and varying management authorities. It is important to clarify the legal status of ecological parks in order to lead the ecological paradigm shift of urban parks and to improve the natural park system for a comprehensive and integrated approach to protect the national ecosystem. To this end, related laws were analyzed to identify problems and to draw directions for legislative improvement. Through the literature review of relevant laws, acts, and ordinances, six major directions for improvement were suggested based on the analysis of problems. First, the legal status of ecological parks in the administrative dichotomy of the current park system is ambiguous, and ecological parks should be clarified through the revision of park-related laws. Second, an ecological park can be defined as a sustainable park created and managed in an ecological manner, promoting the protection and restoration of the ecosystem, conservation, and promotion of biodiversity, and balancing nature observation, ecological learning, and leisure activities. Third, the role of the state and local governments should be systematically revised to lead to a new park planning and management model through new governance. Fourth, since the characteristics of ecological parks are affected by individual laws, the possibility of overlapping ecological parks for other uses should be allowed. Fifth, detailed guidelines and standard ordinances need to be enacted to meet the goals, principles, and facilities of ecological parks. Lastly, along with the revision of the laws, ordinances by local governments also need to be more concrete. This study, which tracks various legal realities related to ecological parks, can contribute to policymaking that can systematize the foundation for the creation of ecological parks to preserve nationwide ecosystems and provide citizens with opportunities to experience and learn about nature.