• Journal of Soil and Groundwater Environment
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• v.28 no.6
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• pp.1-8
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• 2023

In order to efficiently manage groundwater resources, it is necessary to establish clear definition about the rights to use groundwater because it directly governs the interests of various stakeholders, from users to policy makers. In this paper, we examined the characteristics of Korea's rights to use groundwater through legal precedents, public recognition, laws, and institutional stipulaton. Inclarity about the scope and definition of the right, and the absence of legal basis ruling the exclusion and duration of groundwater use have entailed numerous cases of legal disputes between the parties with incompetible interests. In the perception survey, various responses were obtained from the surveyee regarding the scope of rights perceived by groundwater users, how to respond to groundwater shortages, and opinions about expanding public uses of groundwater. In Korea, the legal authority to use groundwater is governed by different laws while considering groundwater as both private and public property. In foreign countires, the right to use water is separated from property ownership, and it limits the volume and pumping rate of groundwater during a specified period. In order to better manage groundwater resources, it is necessary to come up with a public consensus on the right to use groundwater by considering the opinions of various stakeholders and accomodating them in adminstrative effort in directing groundwater management.

• Journal of Arbitration Studies
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• v.21 no.3
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• pp.137-163
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• 2011

The Law of the People's Republic of China on the Mediation and Arbitration of Rural Land Contract Disputes, which was adopted at the 9th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on June 27, 2009, is hereby promulgated and shall come into force as of January 1, 2010. This Law is enacted with a view to impartially and timely settling the disputes over contracted management of rural land, maintaining the legitimate rights and interests of the parties concerned and promoting the rural economic development and social stability. The mediation and arbitration of disputes over contracted management of rural land shall be governed by this Law. The disputes over the contracted management of rural land include: 1) disputes arising from the conclusion, fulfillment, modification, cancellation and termination of rural land contracts; 2) disputes arising from the sub-contract, lease, interchange, transfer, holding of shares and other means of turnover of contracted management rights to rural land ; 3) disputes arising from the withdrawal and adjustment of the contracted land; 4) disputes arising from the confirmation of contracted management rights to rural land; 5) disputes arising from impairment to the contracted management rights to rural land; and 6) other disputes over contracted management of rural land as prescribed in law and regulations. The disputes arising from requisition of collectively owned land and the compensations therefor do not fall within the scope of acceptance by the rural land contract arbitration commission, they may be settled by means of administrative reconsideration or lawsuits. In the case of disputes over the contracted management of rural land, the parties may make reconciliation by themselves or may request mediation by the villagers' committee, people's government of the township (town), etc. This study analyzed each process and the main issues on the point of the Mediation and Arbitration of Rural Land Contract Disputes.

• Journal of Korean Society for Geospatial Information Science
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• v.22 no.1
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• pp.3-12
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• 2014

Cadastre is a set of activity registering diverse land information in national scope land management works. A nation examine land information and register it in a cadastral book, and must update data when necessary to properly maintain the information. Currently, local governments execute work about parcels of land alternation by manual work based on KLIS road map. Therefore, it takes too much time-consuming and makes problem as missing lots of parcels of land alternation. This study suggests the method selecting the parcels of land alteration for Jinan-Gun of Jeollabuk-Do using the GIS spatial overlay and the following results are as belows. Firstly, the manual work on the parcels of land alteration was greatly improved through automatically extracting the number and area of parcels according to the land classification and ownership by GIS spatial overlay based on serial cadastral maps and KLIS road lines. Secondly, existing work based on KLIS road lines could be advanced by analyzing the parcels of land alternation using the actual-width of the road from new address system to consider all road area for study site. Lastly, this study can supply efficient information in determining the parcels of land alternation consistant with road condition of local governments by analyzing the number and area of parcels according to the land classification and ownership within various roadsides ranging from 3m, 5m, and 10m by GIS buffering method.

• Journal of Cadastre & Land InformatiX
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• v.44 no.1
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• pp.17-35
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• 2014

There is no provision regarding the 'litigation on land boundary' under the Korean laws. Therefore, there are disputes in theory with respect to its nature, requirements for litigation, criteria for determination, etc., and it is necessary to establish the provisions of the law on this issue in the future. For this legislation, it is necessary to conduct a comparative consideration on laws of other countries which have completed the relevant provisions. This study, as a first step, researches a history of litigation for determination of boundary under the Roman law and medieval law, and furthermore introduces the German law which has relatively completed legal provisions on litigation for determination of boundary. In addition to common ownership litigation, the German law has established a provision on litigation for boundary as a judicial procedure considering a special place, called as a dispute on ownership of adjacent land, on the assumption that it is difficult or impossible to prove the boundary. The primary purpose of this litigation is to clarify a true boundary, and if such clarification is impossible, a boundary is discretionally created in accordance with the statutory standards under Article 920 of the German Civil Act (BGB). It means creation of the scope of land ownership by operation of decision, not only by the 'discovery of original boundary'. Both cases are different from each other in the aspect of judicial decision, but embracing them into one is a lawsuit for determination of boundary under the German law. Under the Korean legislation, it is necessary to make a theory containing two different criteria for determination into a single type of litigation, considering such aspects.

• Journal of Cadastre & Land InformatiX
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• v.44 no.1
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• pp.97-111
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• 2014

As urbanization and industrialization develops, the necessity of utilizing scarce land in three dimensions is raising. The issue of utilizing underground space is being actively discussed particularly when Geyeonggi-do announced GTX(Great Train Express) construction plan which aims to relieve traffic congestion in metropolitan areas. The current regulation on compensation of underground space is based on "Regulations on compensation standard complied by using underground space for construction of urban railway" but it is difficult for covering the whole rights to protect a three-dimensional right. In this context, the study is to propose the improvement plans of land right's problem and compensation issues to utilization of underground space for the right complementary. To do this, the study reviews the use situation of the classification surface right and using adjudication which defines the effect scope of underground space extending land ownership. As well as it analyzes issues about compensation standard for utilizing of underground space.

• International conference on construction engineering and project management
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• 2005.10a
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• pp.335-340
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• 2005

In many urban cities, mixed-use development is becoming increasingly essential for the creation of an attractive and sustainable environment that promotes economic vitality, social equity and environmental quality. Due to the differences in scale, scope and intent, certain aspects within the project delivery process of mixed-use are not the same as "conventional" single-use projects. The objective of this paper is to highlight these aspects. Two cases in Southeast Asia serve to illustrate the uniqueness and challenges of mixed-use. In conclusion, the differences between mixed-use and single-use are evident in terms of the diversity of team members, the necessity of multiple market analyses, and a multi-layer (versus single-source) financing structure. Finally, issues concerning ownership tangles, land assembly, planning and application procedures, investment criteria of institutions have been identified as major pitfalls.

• Journal of Cadastre & Land InformatiX
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• v.47 no.2
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• pp.91-105
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• 2017

It is important to identify new apartment buyers with the object of investment and owner-occupation because it may determine the scope of marketing and marketing strategies. Establishing an more effective marketing scope and strategies should result in maximizing profits and reducing expenses. In this study, we split the participants in the new apartment market depending on the buyers' intent - investment and owner-occupation - and then examine their characteristics. We employ condominium buyers' information from 2011 to 2016, which is provided by the one of the largest construction companies in South Korea. The sites of the condominium samples locate in Gyeongnam and Busan areas and the number of household sample is 5,549. The results show that investors are approaching at a greater distance than actual buyers. The higher the age and the lower the price, the higher the probability of participation of investors. We also find that the samples of Busan have different results from the others, which may imply that the area has more demand due to its attractiveness.

• Journal of the Architectural Institute of Korea Planning & Design
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• v.35 no.10
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• pp.115-126
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• 2019

Existing buildings in urban parks are a kind of thing that has been settled and occupied on the site of an unexecuted park. The aim of this study is to identify nature by analyzing the causality and path-dependency through the transformation of the relevant system. The scope of the study was set up as a system for the occupancy of urban parks from 1934 when the building restriction system was established to 2000 when purchase claim (매수청구권) was introduced. The method of study was to get correlation by harmonizing the external and internal mechanisms affecting the relevant institution. The related system showed a modest change in the fourth stage, polymerizing the initial system. In the 1950s and 1960s, the existing buildings in urban parks were 'disguised' by government and the 'regulation' principle was applied since 1967. In the 1980s, the principle of 'protection' and 'support' for parks was added, but in the 1990s, the principle of regulation began to be lifted as the long-term unexecuted urban park (장기미집행 도시공원) problem continued for more than 60 years. Although the public concept of land ownership (토지공개념) has worked strongly for nearly 30 years since 1960, the system has developed into a form of deregulation since 1980. The nature of the relevant institution is first, dependent on the higher-level system and vertical. Second, it implies a conflict of restrictions and acceptance. Third, it is a temporary measure of the park problem. Therefore, the relevant system has long been enhancing the encroachment requirements on urban parks, so fundamental readjustment is needed in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.63-101
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• 2020

'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.