• Journal of Korean Society of Rural Planning
• /
• v.30 no.1
• /
• pp.15-31
• /
• 2024

The study primarily aims to examine the characteristics of the transition from natural landscape to modern agricultural landscape on the Daesan plain in Dong-myeon, Changwon-si, in the lower reaches of the Nakdong River. The periods covered in the transition include the late Joseon Dynasty, the early Japanese colonial period, and the late Japanese colonial period. The study concluded the following: It was found that the Daesan Plain used to function as a hydrophilic landscape before it formed into a rural landscape. This is characterized by the various water resources in the Plain, primarily by the Nakdong River, with its back marsh tributaries, the Junam Reservoir and Jucheon. To achieve its recent form, the Daesan Plain was subjected to human trial and error. Through installation of irrigation facilities such as embankments and sluices, the irregularly-shaped wetlands were transformed into large-scale farmlands while the same irrigation facilities underwent constant renovation to permanently stabilize the rural landscape. These processes of transformation were similarly a product of typical colonial expropriation. During the Japanese colonial period, Japanese capitalists initiated the construction of private farms which led to the national land development policy by the Governor-General of Korea. These landscape changes are indicative of resource capitalism depicted by the expansion of agricultural production value by the application of resource capital to undeveloped natural space for economic viability. As a result, the hierarchical structure was magnified resulting to the exacerbation of community and economic structural imbalances which presents an alternative yet related perspective to the evolution of landscapes during the Japanese colonial period. In addition, considering Daesan Plain's vulnerability to changing weather conditions, natural processes have also been a factor to its landscape transformation. Such occurrences endanger the sustainability of the area as when floods inundate cultivated lands and render them unstable, endangering residents, as well as the harvests. In conclusion, the Daesan Plain originally took the form of a hydrophilic landscape and started significantly evolving into a rural landscape since the Japanese colonial period. Human-induced land development and geophysical processes significantly impacted this transformation which also exemplifies the several ways of how undeveloped natural landscapes turn into mechanized and capitalized rural landscapes by colonial resource capitalism and development policies.

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

• Korean Journal of Heritage: History & Science
• /
• v.53 no.3
• /
• pp.110-127
• /
• 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.