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A Study on Differentiation and Improvement in Arbitration Systems in Construction Disputes (건설분쟁 중재제도의 차별화 및 개선방안에 관한 연구)

  • Lee, Sun-Jae
    • Journal of Arbitration Studies
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    • v.29 no.2
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    • pp.239-282
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    • 2019
  • The importance of ADR(Alternative Dispute Resolution), which has the advantage of expertise, speed and neutrality due to the increase of arbitration cases due to domestic and foreign construction disputes, has emerged. Therefore, in order for the nation's arbitration system and the arbitration Organization to jump into the ranks of advanced international mediators, it is necessary to research the characteristics and advantages of these arbitration Organization through a study of prior domestic and foreign research and operation of international arbitration Organization. As a problem, First, education for the efficient promotion of arbitrators (compulsory education, maintenance education, specialized education, seminars, etc.). second, The effectiveness of arbitration in resolving construction disputes (hearing methods, composition of the tribunal, and speed). third, The issue of flexibility and diversity of arbitration solutions (the real problem of methodologies such as mediation and arbitration) needs to be drawn on the Arbitration laws and practical problems, such as laws, rules and guidelines. Therefore, Identify the problems presented in the preceding literature and diagnosis of the defects and problems of the KCAB by drawing features and benefits from the arbitration system operated by the international arbitration Institution. As an improvement, the results of an empirical analysis are derived for "arbitrator" simultaneously through a recognition survey. As a method of improvement, First, as an optimal combination of arbitration hearing and judgment in the settlement of construction disputes,(to improve speed). (1) A plan to improve the composition of the audit department according to the complexity, specificity, and magnification of the arbitration cases - (1)Methods to cope with the increased role of the non-lawyer(Specialist, technical expert). (2)Securing technical mediators for each specialized expert according to the large and special corporation arbitration cases. (2) Improving the method of writing by area of the arbitration guidelines, second, Introduction of the intensive hearing system for psychological efficiency and the institutional improvement plan (1) Problems of optimizing the arbitration decision hearing procedure and resolution of arbitration, and (2) Problems of the management of technical arbitrators of arbitration tribunals. (1)A plan to expand hearing work of technical arbitrator(Review on the introduction of the Assistant System as a member of the arbitration tribunals). (2)Improved use of alternative appraisers by tribunals(cost analysis and utilization of the specialized institution for calculating construction costs), Direct management of technical arbitrators : A Study on the Improvement of the Assessment Reliability of the Appraisal and the Appraisal Period. third, Improvement of expert committee system and new method, (1) Creating a non-executive technical committee : Special technology affairs, etc.(Major, supports pre-qualification of special events and coordinating work between parties). (2) Expanding the standing committee.(Added expert technicians : important, special, large affairs / pre-consultations, pre-coordination and mediation-arbitration). This has been shown to be an improvement. In addition, institutional differentiation to enhance the flexibility and diversity of arbitration. In addition, as an institutional differentiation to enhance the flexibility and diversity of arbitration, First, The options for "Med-Arb", "Arb-Med" and "Arb-Med-Arb" are selected. second, By revising the Agreement Act [Article 28, 2 (Agreement on Dispute Resolution)], which is to be amended by the National Parties, the revision of the arbitration settlement clause under the Act, to expand the method to resolve arbitration. third, 2017.6.28. Measures to strengthen the status role and activities of expert technical arbitrators under enforcement, such as the Act on Promotion of Interestments Industry and the Information of Enforcement Decree. Fourth, a measure to increase the role of expert technical Arbitrators by enacting laws on the promotion of the arbitration industry is needed. Especially, the establishment of the Act on Promotion of Intermediation Industry should be established as an international arbitration agency for the arbitration system. Therefore, it proposes a study of improvement and differentiation measures in the details and a policy, legal and institutional improvement and legislation.

Establishment of Geospatial Schemes Based on Topo-Climatology for Farm-Specific Agrometeorological Information (농장맞춤형 농업기상정보 생산을 위한 소기후 모형 구축)

  • Kim, Dae-Jun;Kim, Soo-Ock;Kim, Jin-Hee;Yun, Eun-Jeong
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.21 no.3
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    • pp.146-157
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    • 2019
  • One of the most distinctive features of the South Korean rural environment is that the variation of weather or climate is large even within a small area due to complex terrains. The Geospatial Schemes based on Topo-Climatology (GSTP) was developed to simulate such variations effectively. In the present study, we reviewed the progress of the geospatial schemes for production of farm-scale agricultural weather data. Efforts have been made to improve the GSTP since 2000s. The schemes were used to provide climate information based on the current normal year and future climate scenarios at a landscape scale. The digital climate maps for the normal year include the maps of the monthly minimum temperature, maximum temperature, precipitation, and solar radiation in the past 30 years at 30 m or 270 m spatial resolution. Based on these digital climate maps, future climate change scenario maps were also produced at the high spatial resolution. These maps have been used for climate change impact assessment at the field scale by reprocessing them and transforming them into various forms. In the 2010s, the GSTP model was used to produce information for farm-specific weather conditions and weather forecast data on a landscape scale. The microclimate models of which the GSTP model consists have been improved to provide detailed weather condition data based on daily weather observation data in recent development. Using such daily data, the Early warning service for agrometeorological hazard has been developed to provide weather forecasts in real-time by processing a digital forecast and mid-term weather forecast data (KMA) at 30 m spatial resolution. Currently, daily minimum temperature, maximum temperature, precipitation, solar radiation quantity, and the duration of sunshine are forecasted as detailed weather conditions and forecast information. Moreover, based on farm-specific past-current-future weather information, growth information for various crops and agrometeorological disaster forecasts have been produced.

Geometry and Kinematics of the Yeongdeok Fault in the Cretaceous Gyeongsang Basin, SE Korea (한반도 동남부 백악기 경상분지 내 영덕단층의 기하와 운동학적 특성)

  • Seo, Kyunghan;Ha, Sangmin;Lee, Seongjun;Kang, Hee-Cheol;Son, Moon
    • The Journal of the Petrological Society of Korea
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    • v.28 no.3
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    • pp.171-193
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    • 2019
  • This study aims to identify the geometry and internal structures of the Yeongdeok Fault, a branch fault of the Yangsan Fault, by detailed mapping and to characterize its kinematics by analyzing the attitudes of sedimentary rocks adjacent to the fault, slip data on the fault surfaces, and anisotropy of magnetic susceptibility (AMS) of the fault gouges. The Yeongdeok Fault, which shows a total extension of 40 km on the digital elevation map, cuts the Triassic Yeongdeok Granite and the Cretaceous sedimentary and volcanic rocks with about 8.1 km of dextral strike-slip offset. The NNW- or N-S-striking Yeongdeok Fault runs as a single fault north of Hwacheon-ri, Yeongdeok-eup, but south of Hwacheon-ri it branches into two faults. The western one of these two faults shows a zigzag-shaped extension consisting of a series of NNE- to NE- and NNW-striking segments, while the eastern one is extended south-southeastward and then merged with the Yangsan Fault in Gangu-myeon, Yeongdeok-gun. The Yeongdeok Fault dips eastward with an angle of > $65^{\circ}$ at most outcrops and shows its fault cores and damage zones of 2~15 m and of up to 180 m wide, respectively. The fault cores derived from several different wall rocks, such as granites and sedimentary and volcanic rocks, show different deformation patterns. The fault cores derived from granites consist mainly of fault breccias with gouge zones less than 10 cm thick, in which shear deformation is concentrated. While the fault cores derived from sedimentary rocks consist of gouges and breccia zones, which anastomose and link up each other with greater widths than those derived from granites. The attitudes of sedimentary rocks adjacent to the fault become tilted at a high angle similar to that of the fault. The fault slip data and AMS of the fault gouges indicate two main events of the Yeongdeok Fault, (1) sinistral strike-slip under NW-SE compression and then (2) dextral strike-slip under NE-SW compression, and shows the overwhelming deformation feature recorded by the later dextral strike-slip. Comparing the deformation history and features of the Yeongdeok Fault in the study area with those of the Yangsan Fault of previous studies, it is interpreted that the two faults experienced the same sinistral and dextral strike-slip movements under the late Cretaceous NW-SE compression and the Paleogene NE-SW compression, respectively, despite the slight difference in strike of the two faults.

Buddhist Images in Myeongbujeon at Magoksa Temple in Gongju (공주 마곡사 명부전 불상 연구)

  • Choi, Sun-il
    • MISULJARYO - National Museum of Korea Art Journal
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    • v.98
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    • pp.130-153
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    • 2020
  • Using stylistic analysis and historical documents, this paper examines the production details of images enshrined in Myeongbujeon (Hall of the Underworld) at Magoksa Temple in Gongju, focusing on the wooden seated Ksitigarbha Bodhisattva and the stone Ten Kings of Hell. Inside Myeongbujeon, the wooden seated Ksitigarbha Bodhisattva is placed at the center, flanked by standing images of Mudokgwiwang and Domyeong-jonja, with images of the Ten Kings and their attendants along the walls. All of these images were transferred to Magoksa Temple in the latter half of the 1930s. The wooden seated Ksitigarbha Bodhisattva came from Jeonghyesa Temple in Cheongyang, the other sculptures came from Sinheungsa Temple in Imsil, and a painting of the Ten Kings came from Jeongtosa Temple in Nonsan. The wooden seated Ksitigarbha Bodhisattva is known to have been produced in 1677, around the same time as the stone sculptures of the Ten Kings. A close analysis of the details of the bodhisattva sculpture-including the facial features, body proportions, and drapery characteristics-strongly suggests that it was produced in the 1620s or 1630s by the monk sculptor Suyeon (who was active in the early half of the seventeenth century) or his disciples. In particular, the rendering of the drapery on the lower half of the body closely resembles Buddhist sculptures produced by Suyeon that are now enshrined at Bongseosa Temple in Seocheon (produced in 1619) and at Sungnimsa Temple in Iksan (produced at Bocheonsa Temple in Okgu in 1634). According to the votive inscription, the stone sculptures of the Ten Kings and their attendants were produced in 1677 under the supervision of the monk sculptor Seongil. However, these are the only known Buddhist images produced under Seongil, and no details about other monks involved in the production have ever been found, making it difficult to speculate about their lineage. Historical records do suggest that Seongil worked on other projects to produce or repair sculptures with disciples of the monk sculptors Hyehi or Unhye, indicating amicable relations between the two groups. Unlike most such images in the Honam or Yeongseo regions, the Ten Kings at Magoksa Temple are made from stone, rather than wood or clay. Also, the overall form and the drapery conform to statues of the Ten Kings that were popularly produced in the Yeongnam region. Thus, the images are believed to be the work of monks who were primarily active in Yeongnam, rather than Honam. In the future, a systematic investigation of wooden seated Ksitigarbha Bodhisattva images and stone Ten Kings of Hell images produced in the Chungnam region could illuminate more details about the production of the images at Magoksa Temple, and perhaps shed light on the conditions that led to the production of stone Buddhist sculptures in the Honam area during the late seventeenth century.

A Study on the Construction Characteristics of Folk Houses Designated as Cultural Heritage in Jeolla-do Province (전라도 지역 문화재 지정 민가정원의 현황 및 조영특성)

  • Jin, Min-Ryeong;Jeong, Myeong-Seok;Sim, Ji-Yeon;Lee, Hye-Suk;Lee, Kyung-Mi;Jin, Hye-Yeong
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.38 no.4
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    • pp.25-38
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    • 2020
  • For the purpose of recording Folk House Garden, this study was to review the historical value, location, space composition, Placememnt of the Building, garden composition, and management status of Folk House Garden designated as a cultural asset in Jeolla-do and to promote continuous maintenance and preservation in the future and enhance its value. The results of the study are as follows. First, most of them have been influenced by the trend of the times, such as the creation of a modern private garden and the spread of agricultural and commercial development through the garden components influenced by the royal, Japanese, and Western styles. Second, there are differences in the spatial composition of private households and the way they handle sponsorship, depending on the geographical location. When the geographical features were divided into flat and sloping areas, private houses located on flat land were divided into walls, walls were placed around the support area, and flower systems and stone blocks were created. The private houses located on the slope were divided into two to three tiers of space, and the wooden plant, flower bed, and stone bed were naturally connected to the background forest without creating a wall at the rear hill. Third, the size of the house and the elements of the garden have been partially destroyed, damaged, and changed, and if there is a lack of records of the change process, there is a limit to the drawing floor plan. There were many buildings and garden components that were lost or damaged due to changes in the trend and demand of the times, and some of them without records had to rely on the memory of owners and managers. Fourth, the species in Warm Temperate Zone, which reflects the climatic characteristics of Jeolla-do, was produced, and many of the exotic species, not traditional ones, were introduced. Fifth, fine-grained tree management standards are needed to prepare for changes in spatial function and plant species considering modern convenience.

Intentionality Judgement in the Criminal Case: The Role of Moral Character (형사사건에서의 고의성 판단: 도덕적 특성의 역할)

  • Choi, Seung-Hyuk;Hur, Taekyun
    • Korean Journal of Culture and Social Issue
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    • v.26 no.1
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    • pp.25-45
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    • 2020
  • Intentionality judgement in criminal cases is a core area of fact finding that is root of guilty and sentencing judgment on the defendant. However, the third party is not sure the intentionality because it reflects subjective aspect of agent. Thus, mechanism behind intentionality judgment is an important factor to be properly understood by the academia and the criminal justice system. However, previous studies regarding intentionality judgment models have shown inconsistent results. Mental-state models proposed foreseeability(belief) and desire of agent at the time of the offence as key factors in intentionality judgment. These factors consistent with central things on intentionality judgment in criminal law. However, key factors in moral-evaluation models are blameworthiness of agent and badness of outcome reflected on the consequent aspect of act. Recently, deep-self concordance model emerged suggesting important factors on intentionality judgment are not mental states and moral evaluations but individual's deep-self. However, these models are limited in that they do not consider the important features of criminal cases, that the consequence of the case is inevitably negative, and therefore the actor who is a party to legal punishment rarely expresses his or her mental state at the time of the act. Therefore, this study suggests that, based on the existing intentionality judgment studies and the characteristics of the criminal case, the inference about who the agent was originally will play a key role in judging the intentionality in the criminal case. This is the moral-character model. Futhermore, In this regard, this study discussed what the media and criminal justice institutions should keep in mind and the directions for future research.

Analysis of Spatial Correlation between Surface Temperature and Absorbed Solar Radiation Using Drone - Focusing on Cool Roof Performance - (드론을 활용한 지표온도와 흡수일사 간 공간적 상관관계 분석 - 쿨루프 효과 분석을 중심으로 -)

  • Cho, Young-Il;Yoon, Donghyeon;Lee, Moung-Jin
    • Korean Journal of Remote Sensing
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    • v.38 no.6_2
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    • pp.1607-1622
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    • 2022
  • The purpose of this study is to determine the actual performance of cool roof in preventing absorbed solar radiation. The spatial correlation between surface temperature and absorbed solar radiation is the method by which the performance of a cool roof can be understood and evaluated. The research area of this study is the vicinity of Jangyu Mugye-dong, Gimhae-si, Gyeongsangnam-do, where an actual cool roof is applied. FLIR Vue Pro R thermal infrared sensor, Micasense Red-Edge multi-spectral sensor and DJI H20T visible spectral sensor was used for aerial photography, with attached to the drone DJI Matrice 300 RTK. To perform the spatial correlation analysis, thermal infrared orthomosaics, absorbed solar radiation distribution maps were constructed, and land cover features of roof were extracted based on the drone aerial photographs. The temporal scope of this research ranged over 9 points of time at intervals of about 1 hour and 30 minutes from 7:15 to 19:15 on July 27, 2021. The correlation coefficient values of 0.550 for the normal roof and 0.387 for the cool roof were obtained on a daily average basis. However, at 11:30 and 13:00, when the Solar altitude was high on the date of analysis, the difference in correlation coefficient values between the normal roof and the cool roof was 0.022, 0.024, showing similar correlations. In other time series, the values of the correlation coefficient of the normal roof are about 0.1 higher than that of the cool roof. This study assessed and evaluated the potential of an actual cool roof to prevent solar radiation heating a rooftop through correlation comparison with a normal roof, which serves as a control group, by using high-resolution drone images. The results of this research can be used as reference data when local governments or communities seek to adopt strategies to eliminate the phenomenon of urban heat islands.

Passing Down Traditional Fishing Methods Using Fish Weirs and the Production of Better Bamboo Weir Anchovies: Focusing on Structural Changes to Bamboo Weirs and Fishing Methods on the Southern Coast (전통어로방식-어살의 전승과 더 좋은 죽방렴 멸치의 생산: 남해안 죽방렴의 구조 변화와 어업방식을 중심으로)

  • JEON, Kyoungho
    • Korean Journal of Heritage: History & Science
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    • v.55 no.3
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    • pp.132-150
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    • 2022
  • Designated as a national intangible cultural asset, the fish weir is a traditional fishing method and was a leading fishing tool in Korean coastal fishery. As the littoral sea area fishing vessel fishery developed since the 1970s, traditional fishing methods including fish weirs began to decline. The fish weir has been passed down in the form of tools such as fish weirs, stone weirs, and bamboo weirs. In Namhae-gun and Sacheon City in Gyeongsangnam-do, anchovies are caught using bamboo weirs. A basic bamboo weir consists of a fish trap(balgong), a space where fish gather together, and a V- or U-shaped wooden fence(halgaji) that helps fish come inside the fish trap. Its fishing method is to catch fish that have come to the coast during high tide alongside those are stuck inside fish traps(balgong) with nets or scoop nets. This paper examined the process of passing down traditional fishing methods through a comparative analysis of the bamboo weir structures and fishing methods in the Namhae and Sacheon regions. First, the historical process of assembling the current bamboo weir structure was analyzed. The bamboo weir, a fishing tool, appears to have combined the features of past weirs and fish weirs based on the Jijok Strait and Samcheonpo Strait. Next, this paper examined the structure and fishing method of the two types of bamboo weirs made with a circular or square fish trap(balgong) where fish gather. Through this analysis, this study examined the lives of fishermen who have adapted to their natural environment and actively utilized obtainable resources(materials), and then changed the traditional fishing method of bamboo weirs and developed them into an appropriate technology. Lastly, a new value attributed to anchovies caught using bamboo weirs was analyzed. This new value extracted from better bamboo weir anchovies works as a mechanism to uphold the tradition of anchovy-catching bamboo-weir fishing, which produces a smaller amount of anchovies compared to other methods of anchovy fishing. In this way, bamboo weir fishing has been passed down as a result of its differentiated aspect of producing better anchovies than those produced with other fishing methods, as well as the historical aspect of it being a traditional fishing method.

Applying the Theory of Affordance to the Design of Water Purification Facilities : Focusing on the Case of Binh Dinh in Vietnam (정수시설 설계에 대한 어포던스 이론 적용 연구: 베트남 빈딘 사례를 중심으로)

  • Park, Hye-Rin;Hwang, Yeo-Kyeong;Kim, Seul-Gi;Lee, Jun-Min;Hwang, Jun-Seok
    • Journal of Appropriate Technology
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    • v.6 no.1
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    • pp.28-36
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    • 2020
  • Sustainable appropriate technology requires user-centered design with consideration of the political, cultural and environmental aspects of the area. However, in the preparation of appropriate technology, there is a limit to the prior grasp of the user's intention and experience leading to the actual behavior of the user after the dissemination. As a result, appropriate technologies are often inconvenient for practical use or used for other purposes, contrary to the designer's intention. This study analyzes the case of appropriate technology with an analysis framework that reflects Maier's affordance theory, and proposes a design solution that can overcome the limitations of existing design. Affordance theory is the theory of factors that cause the user to identify and use features through interpretation based on prior knowledge and experience about things. The analysis cases in this study are the interviews with the designers, management education materials, and manager interviews for water purification systems at three of six schools in Binh Dinh Province, Vietnam, from August 2015 to January 2018. The case was attempted to be improved by periodic installation, maintenance, and inspection, but similar problems continued to occur. First, the facility inspections and manager interviews are compared with manager training materials distributed at the time of installation to find inconsistencies. Next, we analyze the designer's intended affordance and the affordances that actually influenced the management behavior. And then, we propose design solutions based on commonly found problems and affordances. This study suggests that it is necessary to apply the design considering the user's behavior before distributing the appropriate technology, and this study will be precedent in the process of finding the improvement through the analysis framework based on the affordance.

A Study on the Potential Use of ChatGPT in Public Design Policy Decision-Making (공공디자인 정책 결정에 ChatGPT의 활용 가능성에 관한연구)

  • Son, Dong Joo;Yoon, Myeong Han
    • Journal of Service Research and Studies
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    • v.13 no.3
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    • pp.172-189
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    • 2023
  • This study investigated the potential contribution of ChatGPT, a massive language and information model, in the decision-making process of public design policies, focusing on the characteristics inherent to public design. Public design utilizes the principles and approaches of design to address societal issues and aims to improve public services. In order to formulate public design policies and plans, it is essential to base them on extensive data, including the general status of the area, population demographics, infrastructure, resources, safety, existing policies, legal regulations, landscape, spatial conditions, current state of public design, and regional issues. Therefore, public design is a field of design research that encompasses a vast amount of data and language. Considering the rapid advancements in artificial intelligence technology and the significance of public design, this study aims to explore how massive language and information models like ChatGPT can contribute to public design policies. Alongside, we reviewed the concepts and principles of public design, its role in policy development and implementation, and examined the overview and features of ChatGPT, including its application cases and preceding research to determine its utility in the decision-making process of public design policies. The study found that ChatGPT could offer substantial language information during the formulation of public design policies and assist in decision-making. In particular, ChatGPT proved useful in providing various perspectives and swiftly supplying information necessary for policy decisions. Additionally, the trend of utilizing artificial intelligence in government policy development was confirmed through various studies. However, the usage of ChatGPT also unveiled ethical, legal, and personal privacy issues. Notably, ethical dilemmas were raised, along with issues related to bias and fairness. To practically apply ChatGPT in the decision-making process of public design policies, first, it is necessary to enhance the capacities of policy developers and public design experts to a certain extent. Second, it is advisable to create a provisional regulation named 'Ordinance on the Use of AI in Policy' to continuously refine the utilization until legal adjustments are made. Currently, implementing these two strategies is deemed necessary. Consequently, employing massive language and information models like ChatGPT in the public design field, which harbors a vast amount of language, holds substantial value.