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A Legislative Study on the Plans for its Improvements and Problems of the Lien in the Real Estate Auction (부동산경매에서 유치권의 문제점과 개선방안에 대한 입법론적 검토)

  • Jun, Jang-Hean
    • Journal of Legislation Research
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    • no.41
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    • pp.261-302
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    • 2011
  • A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.

The Present State of Marine Oil Spills and the Enhancement Plans of National Oil Spill Response Capability in Vietnam - Through the Comparison of Statistics and OSR System between Vietnam and Republic of Korea - (베트남의 해양기름유출 현황과 국가대응역량 증강 방안 - 통계자료와 유출유 방제시스템에 대한 베트남과 한국 간의 비교를 통하여 -)

  • Phan, Van Hung;Kim, Kwang-Soo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.6
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    • pp.690-698
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    • 2017
  • Vietnam is a marine nation with more than 3,444 km of shorelines, thousands of islands, and 2,360 rivers and canals of over 42,000 km long. As the frequency and the volume of oil transportation by ships increase, the possibility of oil spill incidents becomes higher than ever. Fuel oil and cargo oil spills at sea have widespread impact and long-term consequences on marine ecosystems, coastal resources and human health as well as socio-economy. This study is to show not only the present state of marine oil spills in Vietnam such as the number and the volume of oil spills for two decades, and an overall about Vietnamese national response system like national framework for Oil Spill Response (OSR), etc. but also to present the recommendations for enhancing national capability in response to oil spill incidents in Vietnam, especially, with a comparison of national OSR systems between Vietnam and South Korea. As the result, the number and the volume of marine oil spills in Vietnam showed an upward trend as opposed to a downward trend in South Korea. This means that Vietnam has the possibility of oil spills in coastal waters. Therefore, three main recommendations for the enhancement of national OSR capability in Vietnam are proposed as follows: (1) the development of alternative plan for reenforcing national OSR system involving legal system for preparedness and response to oil spill pollution such as the acceptance and implementation of OPRC Convention as well as the establishment of national fund compensating for the damage and loss caused by oil pollution; (2) the enhancement of a consistent reporting, alerting and monitoring system; and (3) the development of training and exercise programs with standard contents of educational courses.

A Study on the Evaluation System of the Stage of Use for the Quality Management of National Textbooks in the Basic Curriculum of Special Education (특수교육 기본교육과정 국정 교과서 질 관리를 위한 사용 단계 평가 체제 연구)

  • Shin, Seoyoung
    • Journal of the International Relations & Interdisciplinary Education
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    • v.1 no.2
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    • pp.48-67
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    • 2021
  • This study investigated the perception of special teachers regarding the establishment of an evaluation system in the textbook use stage to manage the quality of textbooks developed as government-run books, and proposed a plan to establish a textbook evaluation system based on the results. For research, the quality management system was examined as a development stage and a use stage. And then, the necessity of a use stage evaluation system was raised as a quality management system for the use stage. Next, in order to find a way to establish an evaluation system in the use stage, the survey responses of 159 special teachers nationwide were analyzed. As a result of the analysis, the average satisfaction with textbooks of special teachers using basic curriculum textbooks was 3.3 points, and the perception that textbook evaluation at the stage of use was 4.02 was higher than the satisfaction. In the method of establishing a use-stage evaluation system, teachers (98.7%), independent platform construction (62.2%), regular evaluation (49.4%), and questions (50.6%) mixed with scale questions and open questions were preferred. In addition, the evaluation results were "disclosed only to those certified as users (55.1%), and the timing of reflecting the evaluation results was "when developing the next textbook" (41.0%). Based on the research results, it was suggested to establish an independent evaluation platform to establish a system for evaluating the use of basic curriculum textbooks, but to identify "textbook usability" so that all textbook users can evaluate it without burden and to review the revision of evaluation results through the Quality Management Committee organization. In addition, it was proposed to operate an integrated development-use-evaluation platform by allowing the evaluation platform to be equipped with textbooks already developed and various contents produced by teachers who are users.

The current state and prospects of travel business development under the COVID-19 pandemic

  • Tkachenko, Tetiana;Pryhara, Olha;Zatsepina, Nataly;Bryk, Stepan;Holubets, Iryna;Havryliuk, Alla
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.664-674
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    • 2021
  • The relevance of this scientific research is determined by the negative impact of the COVID-19 pandemic on the current trends and dynamics of world tourism development. This article aims to identify patterns of development of the modern tourist market, analysis of problems and prospects of development in the context of the COVID-19 pandemic. Materials and methods. General scientific methods and methods of research are used in the work: analysis, synthesis, comparison, analysis of statistical data. The analysis of the viewpoints of foreign and domestic authors on the research of the international tourist market allowed us to substantiate the actual directions of tourism development due to the influence of negative factors connected with the spread of a new coronavirus infection COVID-19. Economic-statistical, abstract-logical, and economic-mathematical methods of research were used during the process of study and data processing. Results. The analysis of the current state of the tourist market by world regions was carried out. It was found that tourism is one of the most affected sectors from COVID-19, as, by the end of 2020, the total number of tourist arrivals in the world decreased by 74% compared to the same period in 2019. The consequence of this decline was a loss of total global tourism revenues by the end of 2020, which equaled $1.3 trillion. 27% of all destinations are completely closed to international tourism. At the end of 2020, the economy of international tourism has shrunk by about 80%. In 2020 the world traveled 98 million fewer people (-83%) relative to the same period last year. Tourism was hit hardest by the pandemic in the Asia-Pacific region, where travel restrictions are as strict as possible. International arrivals in this region fell by 84% (300 million). The Middle East and Africa recorded declines of 75 and 70 percent. Despite a small and short-lived recovery in the summer of 2020, Europe lost 71% of the tourist flow, with the European continent recording the largest drop in absolute terms compared with 2019, 500 million. In North and South America, foreign arrivals declined. It is revealed that a significant decrease in tourist flows leads to a massive loss of jobs, a sharp decline in foreign exchange earnings and taxes, which limits the ability of states to support the tourism industry. Three possible scenarios of exit of the tourist industry from the crisis, reflecting the most probable changes of monthly tourist flows, are considered. The characteristics of respondents from Ukraine, Germany, and the USA and their attitude to travel depending on gender, age, education level, professional status, and monthly income are presented. About 57% of respondents from Ukraine, Poland, and the United States were planning a tourist trip in 2021. Note that people with higher or secondary education were more willing to plan such a trip. The results of the empirical study confirm that interest in domestic tourism has increased significantly in 2021. The regression model of dependence of the number of domestic tourist trips on the example of Ukraine with time tendency (t) and seasonal variations (Turˆt = 7288,498 - 20,58t - 410,88∑5) it forecast for 2020, which allows stabilizing the process of tourist trips after the pandemic to use this model to forecast for any country. Discussion. We should emphasize the seriousness of the COVID-19 pandemic and the fact that many experts and scientists believe in the long-term recovery of the tourism industry. In our opinion, the governments of the countries need to refocus on domestic tourism and deal with infrastructure development, search for new niches, formats, formation of new package deals in new - domestic - segment (new products' development (tourist routes, exhibitions, sightseeing programs, special rehabilitation programs after COVID) -19 in sanatoriums, etc.); creation of individual offers for different target audiences). Conclusions. Thus, the identified trends are associated with a decrease in the number of tourist flows, the negative impact of the pandemic on employment and income from tourism activities. International tourism needs two to four years before it returns to the level of 2019.

Shipping Industry Support Plan based on Research of Factors Affecting on the Freight Rate of Bulk Carriers by Sizes (부정기선 운임변동성 영향 요인 분석에 따른 우리나라 해운정책 지원 방안)

  • Cheon, Min-Soo;Mun, Ae-ri;Kim, Seog-Soo
    • Journal of Korea Port Economic Association
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    • v.36 no.4
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    • pp.17-30
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    • 2020
  • In the shipping industry, it is essential to engage in the preemptive prediction of freight rate volatility through market monitoring. Considering that freight rates have already started to fall, the loss of shipping companies will soon be uncontrollable. Therefore, in this study, factors affecting the freight rates of bulk carriers, which have relatively large freight rate volatility as compared to container freight rates, were quantified and analyzed. In doing so, we intended to contribute to future shipping market monitoring. We performed an analysis using a vector error correction model and estimated the influence of six independent variables on the charter rates of bulk carriers by Handy Size, Supramax, Panamax, and Cape Size. The six independent variables included the bulk carrier fleet volume, iron ore traffic volume, ribo interest rate, bunker oil price, and Euro-Dollar exchange rate. The dependent variables were handy size (32,000 DWT) spot charter rates, Supramax 6 T/C average charter rates, Pana Max (75,000 DWT) spot charter, and Cape Size (170,000 DWT) spot charter. The study examined charter rates by size of bulk carriers, which was different from studies on existing specific types of ships or fares in oil tankers and chemical carriers other than bulk carriers. Findings revealed that influencing factors differed for each ship size. The Libo interest rate had a significant effect on all four ship types, and the iron ore traffic volume had a significant effect on three ship types. The Ribo rate showed a negative (-) relationship with Handy Size, Supramax, Panamax, and Cape Size. Iron ore traffic influenced three types of linearity, except for Panamax. The size of shipping companies differed depending on their characteristics. These findings are expected to contribute to the establishment of a management strategy for shipping companies by analyzing the factors influencing changes in the freight rates of charterers, which have a profound effect on the management performance of shipping companies.

The Records and Archives Administrative Reform in China in 1930s (1930년대 중국 문서당안 행정개혁론의 이해)

  • Lee, Won-Kyu
    • The Korean Journal of Archival Studies
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    • no.10
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    • pp.276-322
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    • 2004
  • Historical interest in China in 1930s has been mostly focused on political characteristic of the National Government(國民政府) which was established by the KMT(中國國民黨) as a result of national unification. It is certain that China had a chance to construct a modern country by the establishment of the very unified revolutionary government. But, it was the time of expanding national crises that threatened the existence of the country such as the Manchurian Incident and the Chinese-Japanese War as well as the chaos of the domestic situation, too. So it has a good reason to examine the characteristic and pattern of the response of the political powers of those days. But, as shown in the recent studies, the manifestation method of political power by the revolutionary regime catches our attention through the understanding of internal operating system. Though this writing started from the fact that the Nationalist Government executed the administrative reform which aimed at "administrative efficiency" in the middle of 1930s, but it put stress on the seriousness of the problem and its solution rather than political background or results. "Committee on Administrative Efficiency(行政效率委員會)", the center of administrative reform movement which was established in 1934, examined the plan to execute the reform through legislation by the Executive Council(行政院) on the basis of the results of relevant studies. They claimed that the construction of a modern country should be performed by not political revolution anymore but by gradual improvement and daily reform, and that the operation of the government should become modern, scientific and efficient. There were many fields of administrative reform subjects, but especially, the field of records and archives adminstration(文書檔案行政) was studied intensively from the initial stage because that subject had already been discussed intensively. They recognized that records and archives were the basic tool of work performance and general activity but an inefficient field in spite of many input staff members, and most of all, archival reform bring about less conflicts than the fields of finance, organization and personnel. When it comes to the field of records adminstration, the key subjects that records should be written simply, the process of record treatment should be clear and the delay of that should be prevented were already presented in a records administrative meeting in 1922. That is, the unified law about record management was not established, so each government organization followed a conventional custom or performed independent improvement. It was through the other records administrative workshop of the Nationalist Government in 1933 when the new trend was appeared as the unified system improvement. They decided to unify the format of official records, to use marker and section, to unify the registration of receipt records and dispatch records and to strengthen the examination of records treatment. But, the method of records treatment was not unified yet, so the key point of records administrative reform was to establish a unified and standard record management system for preventing repetition by simplifying the treatment procedure and for intensive treatment by exclusive organizations. From the foundation of the Republic of China to 1930s, there was not big change in the field of archives administration, and archives management methods were prescribed differently even in the same section as well as same department. Therefore, the point at issue was to centralize scattered management systems that were performed in each section, to establish unified standard about filing and retention period allowance and to improve searching system through classification and proper number allowance. Especially, the problem was that each number system and classification system bring about different result due to dual operation of record registration and archives registration, and that strict management through mutual contrast, searching and application are impossible. Besides, various problems such as filing tools, arrangement method, preservation facilities & equipment, lending service and use method were raised also. In the process this study for the system improvement of records and archives management, they recognized that records and archives are the identical thing and reached to create a successive management method of records and archives called "Records and Archives Chain Management Method(文書檔案連鎖法)" as a potential alternative. Several principles that records and archives management should be performed unitedly in each organization by the general record recipient section and the general archives section under the principle of task centralization, a consistent classification system should be used by classification method decided in advance according to organizational constitution and work functions and an identical number system should be used in the process of record management stage and archive management stage by using a card-type register were established. Though, this "Records and Archives Chain Management Method" was developed to the stage of test application in several organizations, but it was not adopted as a regular system and discontinued. That was because the administrative reform of the Nationalist Government was discontinued by the outbreak of the Chinese-Japanese War. Even though the administrative reform in the middle of 1930s didn't produce practical results but merely an experimentation, it was verified that the reform against tradition and custom conducted by the Nationalist Government that aimed for the construction of a modern country was not only a field of politics, but on the other hand, the weak basis of the government operation became the obstacle to the realization of the political power of the revolutionary regime. Though the subject of records and archives administrative reform was postponed to the future, it should be understood that the consciousness of modern records and archives administration and overall studies began through this examination of administrative reform.

Analysis and Management Strategies of the Cold Air Characteristics in Hannamgeumbuk-Jeongmaek and Geumbuk-Jeongmaek (한남금북·금북정맥 일대의 찬공기 특성 분석을 통한 청주시 찬공기 관리방안)

  • SON, Jeong-Min;EUM, Jeong-Hee
    • Journal of the Korean Association of Geographic Information Studies
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    • v.22 no.2
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    • pp.152-171
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    • 2019
  • In this study, we analyzed the characteristics of the cold air generated in Hannamgeumbuk and Geumbuk-Jeongmaek and proposed their management strategies. We also suggested management strategies after analyzing detailed cold airflows for Cheongju located Hannamgeumbuk-Jeongmaek and we compared the degree of nighttime temperature reduction of the Jeongmaek by using data obtained from observatories located on Cheongju. We used KALM(Kaltluftabflussmodell), a cold air simulation model developed in Germanay and identified both cold airflows and altitude of cold air layers generated during 360minutes at night. As a result, the cold airflow generated in the Jeongmaek became strong and the cold air was appeared clearly in the western part of the Hannamgeumbuk-Jeongamek and in the northern part of the Geumbuk-Jeongmaek. The average velocity of cold airflow was recorded at 0.45m/s, and the maximum speed of cold airflow was recorded at 2.70m/s. The average height of the cold air layer was 104.27m/s and the maximum thickness was 255.0m. The average velocity of cold airflows in Cheongju was 0.51m/s and the average height of cold air layer was 48.87m high. The highest degree of nighttime temperature reduction appeared in the Cheongnamdae observatory($-3.8^{\circ}C$), where the altitude of the cold air layer is high. The results showed that cooling effect of Jeongmaek actually affected the temperature reduction during nighttime. Based on the results, we designated the main mountain area of the Jeongmaek with active cold air generation as "cold air conservation areas" and proposed the current forest and topography conservation. We also proposed to designate areas that facilitate the cold airflows as "cold air management areas" and to complement the function of Jeongmaek. This study could support the establishment of systematic management plans of the Jeongmaek. In addition, it is expected that the results can be applied as basic data for ventilation paths of Cheongju.

An Empirical Study on the Failure Factors of Startups Using Non-financial Information (비재무정보를 이용한 창업기업의 부실요인에 관한 실증연구)

  • Nam, Gi Joung;Lee, Dong Myung;Chen, Lu
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.14 no.1
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    • pp.139-149
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    • 2019
  • The purpose of this study is to contribute to the minimization of the social cost due to the insolvency by improving the success rate of the startups by providing useful information to the founders and the start-up support institutions through analysis of non-financial information affecting the failure of the startups. This study is aimed at entrepreneurs. The entrepreneurs that are defined by the credit guarantee institutions generally refer to entrepreneurs within 5 years of establishment. The data used in the study are sampled from the companies that were supported by the start-up guarantee from January 2014 to December 2013 as the end of December 2017. The total number of sampled firms is 2,826, 2,267 companies (80.2%), and 559 non-performing companies (19.8%). The non-financial information of the entrepreneur was divided into the entrepreneur characteristics information, the entrepreneur characteristics information, the entrepreneur asset information and the entrepreneur 's credit information, and cross-tabulations and logistic regression analysis were conducted. As a result of cross-tabulations, univariate analysis showed that personal credit rating, presence in the industry, presence of residential housing, presence of employees, and presence of financial statements were selected as significant variables. As a result of the logistic regression analysis, three variables such as personal credit rating, occupation in the industry, and presence of residential house were found to be important factors affecting the failure of founding companies. This result shows the importance of entrepreneur 's personal credibility and experience and entrepreneur' s assets in business management. The start-up support institutions should reflect these results in the entrepreneur 's credit evaluation system, and the entrepreneurs need training on the importance of the personal credit and the management plan in the entrepreneurial education. The results of this analysis will contribute to the minimization of the incapacity of startups by providing useful non-financial information to founders and start-up support organizations.

A Study on the Records Management for the National Assembly Members (국회의원 기록관리 방안 연구)

  • Kim, Jang-hwan
    • The Korean Journal of Archival Studies
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    • no.55
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    • pp.39-71
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    • 2018
  • The purpose of this study is to examine the reality of the records management of the National Assembly members and suggest a desirable alternative. Until the Public Records Management Act was enacted in 1999, the level of the records management in the National Assembly was not beyond that of the document management in both the administration and the legislature. Rather, the National Assembly has maintained a records management tradition that systematically manages the minutes and bills since the Constitutional Assembly. After the Act was legislated in 2000, the National Assembly Records Management Regulation was enacted and enforced, and the Archives was established in the form of a subsidiary organ of the Secretariat of the National Assembly, even though its establishment is not obligatory. In addition, for the first time, an archivist was assigned as a records and archives researcher in Korea, whose role is to respond quickly in accordance with the records schedule of the National Assembly, making its service faster than that of the administration. However, the power of the records management of the National Assembly Archives at the time of the Secretariat of the National Assembly was greatly reduced, so the revision of the regulations in accordance with the revised Act in 2007 was not completed until 2011. In the case of the National Assembly, the direct influence of the executive branch was insignificant. As the National Assembly had little direct influence on the administration, it had little positive influence on records management innovation under Roh Moo-Hyun Administration. Even within the National Assembly, the records management observed by its members is insignificant both in practice and in theory. As the National Assembly members are excluded from the Act, there is no legal basis to enforce a records management method upon them. In this study, we analyze the records management problem of the National Assembly members, which mainly concerns the National Assembly records management plan established in the National Archives. Moreover, this study proposes three kinds of records management methods for the National Assembly members, namely, the legislation and revision of regulations, the records management consulting of the National Assembly members, and the transfer of the dataset of administrative information systems and websites.

The Study on Restoration & Repair of the Seated Stone Statue of Buddha in the Samreoung Valley of Mt. Namsan (경주 남산 삼릉계 석불좌상 보존 및 복원 연구)

  • Jeong, Min Ho;Ji, Sung Jin
    • Korean Journal of Heritage: History & Science
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    • v.43 no.3
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    • pp.242-281
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    • 2010
  • There are a large number of Buddhist cultural relics in Mt. Namsan. The cultural relics carry the spirit of people of Shila who dream of Buddhist Elysium and the establishment of Buddhist nation. In the valley and the top of the mountain and on various rock cliff, stone statues of Buddha and stone pagodas stand in harmony with nature. For that reason, Mt. Namsan is called an open-air museum. And it played an important role in establishing 'The UNESCO World Heritage' status for Gyeongdju in December 2000. But sadly, there are many stone relics that have eroded away and damaged from collapsing in the passage of time. The seated stone statue of Buddha in Samreoung valley of Mt. Namsan is one of them. It was created between the 8th and 9th century, and restored without much care nor extensive historical research in 1923. As a result, The face of the Buddha remained with concrete mortar and its nimbus fallen backward and destroyed. Therefore, restoration and repair as well as creation of a statue environment for the statue were urgent. So we immediately started in restoration and repair. First, through the archaeological excavation around the stone Buddha, we carried the stone Buddha on the original position. In order to restore the statues to its original glory created by the Unified Shila Dynasty, we created a restoration plan in corporation with art historians and historians, then restored the jaw and the damage nimbus. Second, we made the weathering & damage map of the stone Buddha. In order to prevent second damage, we cleaned the surface of contaminants with distilled water. Third, we studied restoration method to prevent artificial damage. We recreated parts of his face and halo. Then each parts of the statue were restored to their original position. In the whole process of restoration, we tried to use traditional techniques.