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The Multi-door Courthouse: Origin, Extension, and Case Studies (멀티도어코트하우스제도: 기원, 확장과 사례분석)

  • Chung, Yongkyun
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.3-43
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    • 2018
  • The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

Analyzing the Efficiency of Korean Rail Transit Properties using Data Envelopment Analysis (자료포락분석기법을 이용한 도시철도 운영기관의 효율성 분석)

  • 김민정;김성수
    • Journal of Korean Society of Transportation
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    • v.21 no.4
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    • pp.113-132
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    • 2003
  • Using nonradial data envelopment analysis(DEA) under assumptions of strong disposability and variable returns scale, this paper annually estimates productive. technical and allocative efficiencies of three publicly-owned rail transit properties which are different in terms of organizational type: Seoul Subway Corporation(SSC, local public corporation), the Seoul Metropolitan Electrified Railways sector (SMESRS) of Korea National Railroad(the national railway operator controlled by the Ministry of Construction and Transportation(MOCT)), and Busan Urban Transit Authority (BUTA, the national authority controlled by MOCT). Using the estimation results of Tobit regression analysis. the paper next computes their true productive, true technical and true allocative efficiencies, which reflect only the impacts of internal factors such as production activity by removing the impacts of external factors such as an organizational type and a track utilization rate. And the paper also computes an organizational efficiency and annually gross efficiencies for each property. The paper then conceptualized that the property produces a single output(car-kilometers) using four inputs(labor, electricity, car & maintenance and track) and uses unbalanced panel data consisted of annual observations on SSC, SMESRS and BUTA. The results obtained from DEA show that, on an average, SSC is the most efficient property on the productive and allocative sides, while SMESRS is the most technically-efficient one. On the other hand. BUTA is the most efficient one on the truly-productive and allocative sides, while SMESRS on the truly-technical side. Another important result is that the differences in true efficiency estimates among the three properties are considerably smaller than those in efficiency estimates. Besides. the most cost-efficient organizational type appears to be a local public corporation represented by SSC, which is also the most grossly-efficient property. These results suggest that a measure to sort out the impacts of external factors on the efficiency of rail transit properties is required to assess fairly it, and that a measure to restructure (establish) an existing(a new) rail transit property into a local public corporation(or authority) is required to improve its cost efficiency.

Original Landscape of MuGi-YeonDang and Yuhoejeong Pavilion Area in Chirwon through (<하환정도(何換亭圖)>를 통해 본 칠원 무기연당(舞沂蓮塘)과 유회정(有懷亭) 일곽의 원형경관)

  • Rho, Jae-Hyun;Son, Hee-Kyung;Park, Tae-Hee
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.35 no.4
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    • pp.1-13
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    • 2017
  • This thesis aims to research the original landscape of an area in Chirwon by comparing and interpreting the current and the former landscape of the time around 1860, in which was created. Inside the painting, MuGi-YeonDang(舞沂蓮塘), its nearby garden facilities and landscape are described. The conclusions of the research are as follows. Around the inner garden(內園) called Gukdam(菊潭), core spaces of Mugi-YeonDang were Hahwanjeong(何換亭) and Pungyongnu(風浴樓). After 1971, Chunghyosa(忠孝祠), Yeongjeonggak(影幀閣) which was built as inheritance of Giyangseowon (沂陽書院), and other buildings were added. On the opposite of Hahwanjeong, there is a designed pond inside Gukdam, in which three pieces of bizarre stones and colorful flower plants and trees reside. In the middle of the pond, there is an center island(中島), constructed with Bonghwangseok(鳳凰石) and Napduseok(衲頭石). Two different kinds of trees are settled on top of the stones, and one of them is identified as a maple. In the external scenery(外境), Jakdaesan Mountain and Cheonjusan Mountain are located at the upper part of Mugi-Yeondang, and Bibo Forest(裨補林), which does not exist anymore, was located at the lower part of it. A notable achievement in own research was to discover the Ju family's graveyard(朱氏墓群) consisted of more than 10 murals at the lower part of Mt. Jakdaesan in the outer space and the remains of 'Byeoreop(別業) Yuhoejeong(有懷亭)' at the nearby Sanjeong-ri(山亭里) area, which was the Ju family's gravesite(Seonsan, 先山). The discovered remains showed the presence of a square pond(方塘) and an island in the center of it(中島) in the form of Seokgasan(an artificial mountain made with stones), a stone monument called Mangchudae(望楸臺), etc. The Seokgasan was consisted of processed natural stones, and layers of the stones were piled up for it. On the side of the layered stones, 'Gyeongam(敬嵒)' and 'Sesim(洗心)' are engraved. Especially, Gyeongja(letter Gyeong, 敬字) is a copy of the Gyeongja Rock(敬字岩) of Sosu-Seowon(紹修書院), which is a symbolic garden language mutually used in the signboards of Pungyongnu and Musansa(武山祠), a place built to enshrine Ju, Sebung(周世鵬). Through the written names of the building found in , it can be assumed that the name of the square pond with Seokgasan was Taehwaji or Jeongwudang, and the name of the Seokgasan was Sogeumgang(小金剛) or Sobangjang(小方丈). The names correspond to the names of the Seokgasan of Gukdam, which was Yangsimdae(養心臺) and Bongnaesan(蓬萊山). By means of the corresponding names, it can be inferred that the relations between the spaces were intended. was originally created as 'a manor painting(莊園圖)', led by the 15th generation of the Ju family who moved into Chirwon-ri, Haman. The painting describes not only the back garden but also the external scenery, thus it provides important evidences for understanding Mugi-YeonDang and its nearby landscape, and is helpful to its maintenance and restoration.

Behavior Analysis of Fill Slope by Vehicle Collision on Guardrail (가드레일에 차량 충돌 시 성토사면의 거동분석)

  • Park, Hyunseob;Ahn, Kwangkuk
    • Journal of the Korean GEO-environmental Society
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    • v.15 no.2
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    • pp.67-74
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    • 2014
  • Recently, the number of road construction is increasing by industrial development. According to this industrial tendency, the number of traffic accidents are consistently increasing due to increasing number of vehicle on the road. This is mainly because traffic accidents are occurred by various parameter such as negligence of driver, vehicle defects, state of unstable road, natural environment etc. Lane department of vehicles from guardrail is occurring frequently. This type of accident is caused by vehicle performance improvement and shape of vehicle, weak guardrail installation and maintenance. Guardrail has the purpose on prevention such as prevention of traffic accident and prevention of deviating out of road, minimizing damage of driver and vehicle by collision as well as entry into the road through guardrail. Stability evaluation test of guardrail verifies the behavior of guardrail through the crash of truck. At this time, the crash condition has 100 km/h of velocity and $15^{\circ}$ of impact angle. In the case of ground condition, filling slope condition has relatively high bearing capacity of infinite ground towards the test. Guardrail is generally installed on road of shoulder in fill slope in korea. It is possible for stability problem to deteriorate ground bearing capacity in Guardrail in fill slope. The existed study towards stability of guardrail has been carried out in the infinite ground. However, the study on the behavior of fill slope with guardrail is not performed by vehicle collision. Therefore, In this study, the numerical analysis using LS-DYNA was executed for verification on behavior of fill slope with guardrail through vehicle collision. This numerical analysis was carried out with change of embedded depth on installed guardrail post in shoulder of fill slope by vehicle collision and 8 tonf truck crash providing at NCAN (National Crash Analysis Center). As the result, displacement and stress on fill slope are decreased in accordance with the increase of embedded depth of guardrail post. Ground bearing capacity is deteriorated at depth of 450 mm form shoulder of road on fill slope.

Estimation of sediment deposition rate in collapsed reservoirs(wetlands) using empirical formulas and multiple regression models (경험공식 및 다중회귀모형을 이용한 붕괴 저수지(습지) 비퇴사량 추정)

  • Kim, Donghyun;Lee, Haneul;Bae, Younghye;Joo, Hongjun;Kim, Deokhwan;Kim, Hung Soo
    • Journal of Wetlands Research
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    • v.23 no.4
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    • pp.287-295
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    • 2021
  • As facilities such as dam reservoir wetlands and agricultural irrigation reservoir wetlands are built, sedimentation occurs over time through erosion, sedimentation transport, and sediment deposition. Sedimentation issues are very important for the maintenance of reservoir wetlands because long-term sedimentation of sediments affects flood and drought control functions. However, research on resignation has been estimated mainly by empirical formulas due to the lack of available data. The purpose of this study was to calculate and compare the sediment deposition rate by developing a multiple regression model along with actual data and empirical formulas. In addition, it was attempted to identify potential causes of collapse by applying it to 64 reservoir wetlands that suffered flood damage due to the long rainy season in 2020 due to reservoir wetland sedimentation and aging. For the target reservoir, 10 locations including the GaGog reservoir located in Miryang city, Gyeongsangnam province in South Korea, where there is actual survey information, were selected. A multiple regression model was developed in consideration of physical and climatic characteristics, and a total of four empirical formulas and sediment deposition rate were calculated. Using this, the error of the sediment deposition rate was compared. As a result of calculating the sediment deposition rate using the multiple regression model, the error was the lowest from 0.21(m3km2/yr) to 2.13(m3km2/yr). Therefore, based on the sediment deposition rate estimated by the multi-regression model, the change in the available capacity of reservoir wetlands was analyzed, and the effective storage capacity was found to have decreased from 0.21(%) to 16.56(%). In addition, the sediment deposition rate of the reservoir where the overflow damage occurred was relatively higher than that of the reservoir where the piping damage occurred. In other words, accumulating sediment deposition rate at the bottom of the reservoir would result in a lack of acceptable effective water capacity and reduced reservoir flood and drought control capabilities, resulting in reservoir collapse damage.

The Damage Assessment, Construction Point of Time and Deterioration Diagnosis and Conservation Maintenance of Stone Statues Around the Stone Pagoda in Mireuksaji Temple in Iksan (익산 미륵사지 석탑 석인상의 조영시기와 훼손도 진단 및 보존관리)

  • Lee, Dong-sik;Lee, Yeon-gyeong
    • Korean Journal of Heritage: History & Science
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    • v.47 no.4
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    • pp.74-91
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    • 2014
  • The stone statues in the site of Mireuksaji Temple(Iksan, South Korea) were created after the stone pagoda was built in 639. They, transitional statues between animal sculptures and human shaped statues made from the late Goryeo dynasty until the early Joseon dynasty, were set up at the four corners of the stone pagoda by way of guardians. In the case of three statues, their surfaces were denudated and their iconographies have been indiscernible. However, the one in the southwest clearly shows its iconography. It is inferior in properties to the other three statues in the northwest, the northeast and the southeast respectively, but on the other hand its iconography has been well maintained. The reason is related to exposure to harmful environments; specifically, the retaining wall, built around the stone pagoda in the 17th century, had the southwest statue inside and could naturally worked as a buffer against harmful environments. As a result, for about 400 years there has been difference in weathering conditions between the three stone statues and the southwest statue, which brought denudation, the consequent indiscernibleness of iconography and biological invasion to the three statues, notwithstanding superior properties(northwest statue:$176kgf/cm^2$, northeast statue:$109kgf/cm^2$, southeast statue:$273kgf/cm^2$). In contrast, the southwest statue significantly shows its iconography with black contaminants and granule decomposition, despite inferior properties($133kgf/cm^2$). Defenseless exposure to external environment is not recommended for the stone statues, because it is hard to preserve the extant iconography. Herein lies the application of the data on microclimate around Mireuksaji Temple. As regards the weathering zone in which the stone statues are located, Conservation increases in acidity and frequency as years go by, Hereat, in the approach to the Conservation of stone statues, the first consideration needs to be morphological historicity rather than geographical location.

The Ecological Values of the Korean Demilitarized Zone(DMZ) and International Natural Protected Areas (비무장지대(DMZ)의 생태적 가치와 국제자연보호지역)

  • Cho, Do-soon
    • Korean Journal of Heritage: History & Science
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    • v.52 no.1
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    • pp.272-287
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    • 2019
  • The Korean Demilitarized Zone (DMZ) was established in 1953 by the Korean War Armistice Agreement. It extends from the estuary of the Imjin River, in the west, to the coast of the East Sea. It is 4 km in width and 148 km in length. However, the ecosystems of the civilian control zone (CCZ) located between the southern border of the DMZ and the civilian control line (CCL) and the CCZ in the estuary of the Han River and the Yellow Sea are similar to those in the DMZ, and, therefore, the ecosystems of the DMZ and the CCZ are collectively known as the "ecosystems of the DMZ and its vicinities." The flora in the DMZ and its vicinities is composed of 1,864 species, which accounts for about 42% of all the vascular plant species on the Korean Peninsula and its affiliated islands. Conducting a detailed survey on the vegetation, flora, and fauna in the DMZ is almost impossible due to the presence of landmines and limitations on the time allowed to be spent in the DMZ. However, to assess the environmental impact of the Munsan-Gaesong railroad reconstruction project, it was possible to undertake a limited vegetation survey within the DMZ in 2001. The vegetation in Jangdan-myeon, in Paju City within the DMZ, was very simple. It was mostly secondary forests dominated by oaks such as Quercus mongolica, Q. acutissima, and Q. variabilis. The other half of the DMZ in Jangdan-myeon was occupied by grassland composed of tall grasses such as Miscanthus sinensis, M. sacchariflorus, and Phragmites japonica. Contrary to the expectation that the DMZ may be covered with pristine mature forests due to more than 60 years of no human interference, the vegetation in the DMZ was composed of simple secondary forests and grasslands formed on former rice paddies and agricultural fields. At present, the only legal protection system planned for the DMZ is the Natural Environment Conservation Act, which ensures that the DMZ would be managed as a nature reserve for only two years following Korean reunification. Therefore, firstly, the DMZ should be designated as a site of domestic legally protected areas such as nature reserve (natural monument), scenic site, national park, etc. In addition, we need to try to designate the DMZ as a UNESCO Biosphere Reserve or as a World Heritage site, or as a Ramsar international wetland for international cooperation. For nomination as a world heritage site, we can emphasize the ecological and landscape value of the wetlands converted from the former rice paddies and the secondary forests maintained by frequent fires initiated by military activities. If the two Koreas unexpectedly reunite without any measures in place for the protection of nature in the DMZ, the conditions prior to the Korean War, such as rice paddies and villages, will return. In order to maintain the current condition of the ecosystems in the DMZ, we have to discuss and prepare for measures including the retention of mines and barbed-wire fences, the construction of roads and railroads in the form of tunnels or bridges, and the maintenance of the current fire regime in the DMZ.

A Study on the Taeshil of Great King Jungjo of Joseon (조선 정조대왕 태실 연구(朝鮮 正祖大王 胎室 硏究) - 태실석물(胎室石物)의 구조(構造)와 봉안유물(奉安遺物)의 특징(特徵) -)

  • Yun, Seok In
    • Korean Journal of Heritage: History & Science
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    • v.46 no.1
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    • pp.76-101
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    • 2013
  • In this article, we examine the Taeshil of King Jungjo, the 22nd King of the Joseon dynasty located in Yongwol, Gangwondo. The Jangtae culture - burial of the navel cord - is a unique Royal ritual which began during the Shilla dynasty and continued to be carried out for a long period until the Koryo and Joseon dynasties. Until today, about 300 Taebong sites have been discovered, most of which are the Taebong of the decedents of the royal family of the Joseon Kingdom. Most Taeshils built for Kings of the Joseon dynasty were destroyed during the Japanese colonial period, among which only a few have been recovered and managed across the nation. The Taeshil of King Jungjo is one of the leading examples among existing Taeshils in Korea which has managed to preserve well enshrined relics as well as literature documents including stone relics in perfect sets. Thus, in order to examine the Taeshil of King Jungjo comprehensively, first of all literary materials related to the construction of King Jungjo's Taeshil such as the Josunwangjosilrok - "Annals of the Choson Dynasty (朝鮮王朝實錄)". "Jungjongdaewang Taesilgabong Euigwe (正宗大王胎室加封儀軌) - Royal activities related to Taeshil, and local historic documents etc were searched and put together, while a focus was placed on examining the geographical location and state of the Taebong, including the specific style of each part of the Taeshil stone and characteristics of enshrined relics. Such materials are believed to have important utility in the future as a basic material to be used for research, maintenance, and restoration of Taeshil relics. So far, Taeshil relics is a field that has not been able to attract much attention from the academic world, however attention has begun to be paid to Taeshil relics due to recent archaeological excavations as well as an approach to artistic history. Academic research results are expected if Taeshil relics are able to be examined comprehensively in future covering various areas such as literature history, archaeology, and artistic history etc.

The Influence and Implications of Flower Vessels (花器) Supervised Process of Production During the Joseon Dynasty in the Early 15th Century (15세기 초반 경상도 상주목 일대 화기(花器)의 감조(監造) 배경과 견양(見樣)으로서의 의미)

  • Oh, Young-in
    • Korean Journal of Heritage: History & Science
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    • v.52 no.3
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    • pp.112-129
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    • 2019
  • This study investigates the influence and implications of the supervised process of production of flower vessels (花器) in 1411. The type, the production method, and the purpose of flower vessels (花器) were determined based on the workshops appearing in King Sejong-Sillok, Chiriji ("世宗實錄" "地理志") and Gyeongsang-do Chiriji ("慶尙道地理志"), considering articles excavated from Sangju kiln sites. In addition, the implications and the starting point of production of flower vessels (花器) in the Joseon Dynasty were identified. During the Joseon Dynasty, an effort was made to reorganize the government offices, to align ritual systems in the early 15th century. Preparation for rituals, preparation of supplemental utensils used in ancestral rites (祭器), the construction of architecture related to the Royal Family, and the production of weaponry (武器) were supervised. In 1411, flower vessels (花器) had a preferred supervised process of production as well, which means being recognized as a subject of maintenance for the Joseon Dynasty's aims. Flower vessels (花器) had been produced using grayish-blue powdered celadon (粉靑沙器) as flower pots (花盆), and as celadon flower pot-support (花臺), at Sangju kiln sites in particular, since 1411. Interestingly, products had been manufactured in royal kilns as well as in a few other kilns similar to the supervised process of production of flower vessels (花器) in the middle of the 15th century. It means that this effected the Gyeon-yang (見樣) supervised process of flower vessel (花器) production in 1411. At that time, the Joseon Dynasty used Gyeon-yang (見樣) for imperial gifts for the Ming Dynasty and on separate manufactured articles to ensure the standards of production. Gyeon-yang (見樣) affected the production of ceramic utensils used in ancestral rites (祭器), and government officials in Saongwon (司饔院) supervised the production of ceramics for the Royal Family year after year. In sum, it was flower vessels (花器) using Gyeon-yang (見樣) that provided precise production rules to supervise the process of production in 1411.

A Study on the Sustainable Ewha Mural Village in a Viewpoint of Urban Regeneration (도시재생 관점에서 지속가능한 이화동 벽화마을에 관한 연구)

  • Kim, bo-mi;Son, Yong-Hoon;Lee, Dong-Kun;Lee, Hyun-Jin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.47 no.3
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    • pp.1-11
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    • 2019
  • The purpose of this study is to propose a sustainable village-unit urban regeneration plan for the Ewha Mural Village, where mural artists recovered concrete fences to be followed by some residents damaging the mural paintings. Through a review of the existing literature and a preliminary survey, we derived the urban regeneration factors (environmental sustainability, economic sustainability, and social sustainability) applicable at the village level. After an empirical survey on the residents, we tried to identify various problems of the Ewha Mural Village. Residents selected the factors of accessibility, parking management, diversity of industries, creation of new jobs, community participation of residents for the mural village's activation, and stable living spaces. In the case of Ewha Mural Village, physical environment factors for the residents at the time of construction were not considered and the village was mainly planned using budget-based murals. Since then, the inequality of economic benefits intensified the conflicts among the residents. In addition, public benefits, such as establishing new industries and employing outsiders, were not provided, and these facts appear to have led to an unsustainable murals village, in which the murals that are the protagonists of the village revitalization are being destroyed. Therefore, the urban regeneration of Ewha Mural Village should be designed considering a region where some residential areas can be transformed into tourist areas. In addition, it is essential to employ a win-win method to improve the living environment, such as road maintenance, not only partial economic benefits, such as increased land-value, and to increase resident's value as a common asset within the village itself.