• Title/Summary/Keyword: Soil related legal system

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Establishing Policies towards Integrated Management of Soil Pollution and Damage (토양오염 및 훼손 통합관리를 위한 정책방향 설정)

  • Kim, Jong Sung;Park, Yoon-Sik;Lee, Gi-Ha;Hwang, Sang-Il;Yang, Jae E.
    • Journal of Soil and Groundwater Environment
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    • v.22 no.6
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    • pp.85-93
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    • 2017
  • In this study, the concepts of soil degradation, soil pollution and soil damage are defined, and the domestic and foreign administrative systems related to soil pollution and soil damage management are analyzed. In case of foreign countries, laws and regulations on the soil conservation and soil damage management were analyzed. In case of Korea, the present state of the legal system governing soil pollution and damage management was analyzed in each aspect. Through this study, suggestions for amendments of relevant laws were proposed by establishing policy direction for integrated management of soil pollution and soil damage. The results of this study will provide a basis for integrated management of soil pollution and damage, and it can be utilized in establishing integrated management strategy of long term soil conservation and sustaninable soil development at national level.

A Case of Design and Field Construction on the Removable Post-tensioned Soil Nailing System (제거식 포스트텐션 쏘일네일의 설계 및 시공사례)

  • Park, Si-Sam;Park, Joo-Suck;Kim, Eung-Soo;Yoon, Myung-June;Park, Ji-Woong;Kim, Hong-Taek
    • Proceedings of the Korean Geotechical Society Conference
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    • 2010.09a
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    • pp.1081-1086
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    • 2010
  • The general soil nailing support system may result in excessive deformations particularly in an excavation zone of the existing weak subsoils. Pretensioning the soil nails then, could play important roles to reduce deformations mainly in part of the nailed-soil excavation system as well as to improve local stability. Morever, soil nails are installed underneath roads, underground structures, and subway structures, thereby resulting in difficulties in nail remval after completion of temporary soil nailed walls. Hence, to date, in order to solve the technical difficulties and avoid legal issues related to the construction of soil nails underneath the surrounding areas and structures, the removable soil nailing system has been developed and used. But, Therefore, a new soil nailing technique called Removable Post-tensioned Soil Nailing(RPTN) system has been developed in the current study. In this study, an investigation of the RPTN system has been conducted by carrying out field measurement. Hence, the RPTN system can reduce ground displacement and enhance stability of the soil nailed walls.

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우리나라 토양오염부지관련 정보관리체계의 문제점 - 법ㆍ제도를 중심으로 -

  • 황상일;이양희
    • Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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    • 2004.04a
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    • pp.5-11
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    • 2004
  • The objectives of this study is to find problems in the legal and institutional background on our information system for soil contaminated sites. To achieve this abjective, we compared our system with those of federal and New Jersey state governments of the United States. We found that we have no comprehensive guideline on how various information from the contaminated sites should be manipulated. In our system, some regulations on information management were found only in a few prescriptions on detection, detailed investigation, and remediation phases. However, we found that provisions, detailed procedures, and related guidelines for the information management are provided in tile case of the federal and New Jersey state governments. Also, public involvement and disclosure of tile information for the remediation procedure are designated in their legal systems.

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The Propose a Legislation Bill to Apply Autonomous Cars and the Study for Status of Legal and Political Issues (제4차 산업혁명 시대의 자율주행자동차 상용화를 위한 안정적 법적 기반을 위한 법정책적 연구 - 자율주행자동차 특별법 제정(안)을 중심으로 -)

  • Kang, Sun Joon;Won, Yoo Hyung;Kim, Min Ji
    • Journal of Korea Technology Innovation Society
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    • v.21 no.1
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    • pp.151-200
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    • 2018
  • At the Davos Forum in 2016, the Fourth Industrial Revolution, a reference to cloud Schwab, is dramatically changing our lives, and at its height, self-driving cars are emerging as the talk of the day. But there are still many hurdles to overcome before the nation can successfully introduce and establish self-driving cars. In particular, it is necessary to change the paradigm of the legal system centered on human beings to one that includes artificial intelligence. The stable operation of the self-driving car era requires drastic changes to the people-centric legislation system. That is, it is necessary to collect information on the total number of drivers of self-driving cars (what is available), general vehicles on general roads, civil and criminal liability issues in the event of traffic accidents, and collection of insurance problems concerning autonomous driving vehicles. In this study, a separate bill was proposed to address the various legal issues arising from the operation of self-driving cars from a legislative perspective by considering the domestic laws related to road transport, the current state of legislation on foreign soil and legal issues related to self-driving cars.

Significance and Future Direction for Designation and Management of Landslide-Prone Zones (산사태 취약지역 지정·관리 제도의 의의와 향후 과제)

  • Kim, Suk Woo;Chun, Kun Woo;Kim, Kyoung Nam;Kim, Min Sik;Kim, Min Seok;Lee, Sang Ho;Seo, Jung Il
    • Journal of Forest and Environmental Science
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    • v.29 no.3
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    • pp.237-248
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    • 2013
  • The legal basis for the systematic prevention and response to landslide hazards, and the rehabilitation of landslide-hit areas, was established through the amendment of the Forest Protection Act in August 2012. The most noticeable amendment to the Act is the inclusion of clauses associated with the designation and management of landslide-prone zones (including debris flow-prone zones). In this paper, we (1) introduce the clauses related to the designation and management of landslide-prone zones that were included in the amended Forest Protection Act, (2) examine their significance by reviewing the present status of related domestic laws and structural countermeasures such as sediment check dams for sediment-related disaster prevention, and (3) suggest the future directions of the procedure for the designation and cancellation of such zones, and their maintenance and institutional aspects. The establishment of an institutional device for the designation and management of landslide-prone zones has great significance in the aspect of (1) the establishment of a comprehensive management and prevention system for potential landslide-prone zones in forested areas where the hazard risk has been poorly recognized as compared with the flood risks in lowlands, and (2) the establishment of the basis for overcoming the limits of structural countermeasures according to limited budgets. To develop the designation and management system for landslide-prone zones, not only must present problems be addressed, but a cooperation system between the administration and local residents must also be established.

Cooperation plan between South-North Korea in the water environment sector (물환경분야 남북한 협력방안)

  • Kim, Geonha
    • Journal of Korean Society of Water and Wastewater
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    • v.34 no.1
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    • pp.23-33
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    • 2020
  • With growing expectations for economic cooperation between the two Koreas, there is much interest in participating in the construction of infrastructure in North Korea. In particular, water and sewage infrastructure is the four major social infrastructures in addition to housing, transportation, electricity and telecommunications. North Korea is known to have severe water pollution and ecosystem destruction in major rivers, water pollution and soil pollution in mining areas are serious, and water and sewage infrastructures in cities other than Pyongyang are known to be weak. Preemptive investment in water supply and drainage in North Korea is the foundation for securing the quality of life of the North Korean and is the foundation of public health and industry. It is a leading investment to reduce the cost of unification and is a new growth engine for the water reloded industry. In this study, we proposed a plan to exchange and cooperate in water environment for building water infrastructure of North Korea by examining the data related to water quality, water resources, water disaster, related legal system and human resources exchange situations in North Korea.

A Study on the Improvement of the Legal System Related to Electro-Optical Oxidation Slag

  • Kim, Hyeok-Jung;Lee, Young-Woo;Park, Se-Hun
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.12
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    • pp.299-303
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    • 2020
  • Currently, electric furnace oxide slag is mostly used for soil or road use due to its nature. Although electric furnace oxidation slag is an industrial byproduct, not a circulating aggregate, the shortcomings of electric furnace oxidation slag are gradually being resolved due to the development of technology, and it is said that electric furnace oxidation slag is enough to be used as aggregates in light of research and technology conditions outside of Korea. However, there are difficulties in expanding construction and application, given that the current standard for electric furnace oxid slag only defines recycling purposes and does not have specific regulations. Therefore, institutional supplementation is needed to utilize oxidation slag as electricity. In this study, the laws and system related to oxidation slag by electricity are reviewed, laws related to recycled aggregate are examined, and measures for improvement are proposed.

Assessment for the Comparability between Korean Ministry of Environment Standard and ISO Standard for the Determination of Heavy Metals in Soil (토양 중금속 함량 측정에 대한 토양오염공정시험기준과 국제표준간의 적합성 평가)

  • Shin, Gun-Hwan;Lee, Goon-Teak;Lee, Won-Seok;Kim, Ji-In;Kim, Bo-Kyong;Park, Hyun-Jeong
    • Journal of Soil and Groundwater Environment
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    • v.17 no.3
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    • pp.1-9
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    • 2012
  • According to the agreement on WTO/TBT, we are under the situation to adopt international standard (ISO standard) as a national standard if it exists. However, in case of environmental area, it is a domestic legal obligation to use Korean environmental standard method(KESM) for analyzing various contaminants. Therefore it is necessary to assess the comparability between KEM and ISO standard prior to apply ISO standard to soil conservation law in Korea. The main purpose of this study is to assess the comparability of both methods for analyzing heavy metals in soil. We looked over various aspects like pre-treatment, calibration curve range, detection wavelength, soil organic matter content and so on. Apparently, the procedure of both methods is almost same. However in details, both methods are different in stationary time before aqua-regia extraction using reflux system, calibration curve range for Cu, Pb, Ni and measuring wavelength for Pb. According to the results of comparison test, the results were significantly different when the different calibration range was used. In case that all the extracts independent of methods were reanalyzed with the same calibration range of each method, both methods showed statistically same results. Other conditions like different stationary time, measuring wavelength of AAS and soil organic matter content did not have any influence on the analytical result. Therefore, we suggest to extend the calibration curve range to 0~8 mg/L which is used in KS I ISO standard(Korean standard related with environment which is translation version of ISO standard without any technical change). In case of $Cr^{6+}$, the results showed no significant differences between two methods even though the pretreatment, instrumentation and other analysis conditions were different. In addition to UV/Visble spectrometry of KESM for soil contamination, we suggest to adopt ion chromatography of ISO 15192(US EPA method 7199) for analyzing $Cr^{6+}$ with the consideration of laboratory work efficiency.

A Study on Policies for Conservation Measures Based on the Status and Issues of Conserved Remains (보존유적 현황과 문제 인식을 통한 보존조치 제도 연구)

  • So, Jaeyun
    • Korean Journal of Heritage: History & Science
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    • v.53 no.3
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    • pp.110-127
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    • 2020
  • The term "conserved remains" refers to cultural remains that are preserved in accordance with the valuation of buried cultural properties when important remains are recognized in rescue excavations during construction work. South Korea's rapid economic growth and ensuing land development over the past few decades compelled a sharp increase in the number of rescue excavation cases, and, naturally, of conserved remains. Today, an increasingly large number of conserved remains have raised issues, including those concerning land expropriation as well as the management and utilization of such remains, but no clear solutions have been proposed. This study attempts to propose plans for improvement based mainly on the recognition of institutional issues rather than technical issues related to the conservation of cultural remains. This is because the identification and review of institutional deficiencies must be prioritized in order to efficiently manage conserved remains with limited resources and manpower. Among many possible proposals to demand improvement of conservation policies, one that must first be examined under the current system is the rapid transition, or review thereof, of "conserved remains" to "designated cultural properties." Unlike designated cultural properties, conserved remains are merely a temporary means of conservation, because they lack regulations for follow-ups subsequent to preliminary measures. Naturally, deferring the definition of relics as "conserved remains" for extended periods causes numerous problems. Measures to resolve such problems may include establishing a legal system to manage conserved remains at a level similar to designated cultural properties or seeking ways to improve management under the current system. This study focuses on areas where institutional improvement for conserved remains is possible by methods other than through the rapid transition to designated cultural properties and presents several proposals. Currently, conservation measures are divided into three categories: on-site conservation, relocation conservation, and record conservation. This study reclassifies these categories from three into four categories. On-site conservation includes only two categories: conserved remains and the newly-proposed soil-covered remains. Two remaining categories, the relocation conservation remains and the record conservation remains, are presented as classifications in which development projects are possible, and they are presented as alternative conservation types that contrast with on-site conservation. Unlike conserved remains, soil-covered conservation presented as a new category in which development projects are possible.

How to Reflect Sustainable Development, exemplified by the Equator Principles, in Overseas Investment (해외투자(海外投資)와 지속가능발전 원칙 - 프로젝트 파이낸스의 적도원칙(赤道原則)을 중심으로 -)

  • Park, Whon-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.27-56
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    • 2006
  • Today's financial institutions usually take environmental issues seriously into consideration as they could not evade lender liability in an increasing number of cases. On the international scene, a brand-new concept of the "Equator Principles" in the New Millenium has driven more and more international banks to adopt these Principles in project financing. Sustainable development has been a key word in understanding new trends of the governments, financial institutions, corporations and civic groups in the 21st century. The Equator Principles are a set of voluntary environmental and social guidelines for sustainable finance. These Principles commit bank officers to avoid financial support to projects that fail to meet these guidelines. The Principles were conceived in 2002 on an initiative of the International Finance Corporation(IFC), and launched in June 2003. Since then, dozens of major banks, accounting for up to 80 percent of project loan market, have adopted the Principles. Accordingly, the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental issues of projects to be financed. Compliance with the Equator Principles facilitates for endorsing banks to participate in the syndicated loan and help them to manage the risks associated with large-scale projects. The Equator Principles call for financial institutions to provide loans to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the IFC. - For Category A and B projects, borrowers or sponsors are required to conduct a Social and Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key social and environmental issues. - The Social and Environmental Assessment report should address baseline social and environmental conditions, requirements under host country laws and regulations, sustainable development, and, as appropriate, IFC's Environmental, Health and Safety Guidelines, etc. - Based on the Social and Environmental Assessment, Equator banks then make agreements with borrowers on how they mitigate, monitor and manage the risks through a Social and Environmental Management System. Compliance with the plan is included in the covenant clause of loan agreements. If the borrower doesn't comply with the agreed terms, the bank will take corrective actions. The Equator Principles are not a mere declaration of cautious banks but a full commitment of lenders. A violation of the Principles in the process of project financing, which led to an unexpected damage to the affected community, would not give rise to any specific legal remedies other than ordinary lawsuits. So it is more effective for banks to ensure consistent implementation of the Principles and to have them take responsible measures to solve social and environmental issues. Public interests have recently mounted up with respect to environmental issues on the occasion of the Supreme Court's decision (2006Du330) on the fiercely debated reclamation project at Saemangeum. The majority Justices said that the expected environmental damages like probable pollution of water and soil were not believed so serious and that the Administration should continue to implement the project seeking ways to make it more environment friendly. In this case, though the Category A Saemangeum Project was carried out by a government agency, the Supreme Court behaved itself as a signal giver to approve or stop the environment-related project like an Equator bank in project financing. At present, there is no Equator bank in Korea in contrast to three big banks in Japan. Also Korean contractors, which are aggressively bidding for Category A-type projects in South East Asia and Mideast, might find themselves in a disadvantageous position because they are generally ignorant of the environmental assessment associated with project financing. In this regard, Korean banks and overseas project contractors should care for the revised Equator Principles and the latest developments in project financing more seriously. It's because its scope has expanded to the capital cost of US$10 million or more across all industry sectors regardless of developing countries or not. It should be noted that, for a Korean bank, being an Equator bank is more or less burdensome in a short-term period, but it must be conducive to minimizing risks and building up good reputation in the long run.

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