• Journal of the Korean Institute of Landscape Architecture
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• v.28 no.5
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• pp.26-38
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• 2000

The purpose of this study is to perform a comparative analysis on landscape ordinances between Korea and U.S.A to find out some useful implications for remedial devices on Korean landscape ordinances in terms of their legislation, contents, and operating procedure. The results of this study are as follows; 1) Technical issues addressed by the U.S.A landscape ordinances may be divided broadly into five items(landscaping, planting, facilities, land use, preservation and protection) and subdivided diversely by each item. 2) The thirty four landscape ordinances of U.S.A., collected for this study, were made up of the nineteen comprehensive landscape ordinances(56%), the nine tree ordinances(26%) and the six post construction landscape ordinances(18%) s a result classifying into three types(comprehensive, post-construction, and tree ordinances) of landscape ordinances. 3) The differences in the view of the legislation, contents and practical process in the Korea and the U.S.A. landscape ordinances were to be analyzed comparatively. 4) Whether or not of applying the thirty four landscape ordinances of U.S.A. to the domestic ordinances were reviewed, we found that the twenty eight cases are applicable after study(82%), the four cases are applicable(12%) and the two cases are not applicable(6%) to Korean system. The result of this study will be source materials for the application of the correct regulations in the field of domestic landscape ordinances providing the theoretical system for the legislation of the landscape ordinances which are characterized as the harmonization between the development and the conservation breaking from the existing uniform and the developmental landscape ordinances.

• Journal of the Korean Institute of Landscape Architecture
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• v.25 no.1
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• pp.47-61
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• 1997

This study was conducted to grasp the present condition of the name and the related text of the domestic laws (97 statutes, 1 examination, 1 guide, 3 ordinances, 1 leading case) in force which were connected with landscape plant and planting. Examining the general tree-planting system of America, the related foreign laws(1 constitution, 44 statutes, 31 ordinances, 6 leading cases) were arranged in the name and the text and classified by nations of regional groups and it was considered to the mutual relation with lots of laws which are scattered with the various laws. To examine the points at issue of the related domestic laws and to study the related foreign laws, the remedies for the domestic laws being at issue were proposed. That is : A change of the landscape planting concept, the introduction of the landscape planting cost compared with the total construction cost, the unification of the landscape planting ordinances as the unit of city, the clarification of the completion period for the depect of the replaced trees. putting the conservation and production of the top soil under an obligation the adoption of a licence system for the tree planting within the river area, the introduction of the allotment system for landscape architectural expenses, the encouragement of making a hedge, the settlement for the problems of the trees loss compensation, the necessity for the quality test to the landscape planting works, the intensification of the punitive rules to the illegal felling and planting of the trees in the greenzone area, the application of the Labor Standard Act to the landscape planting laborers. The laws relating to landscape plant and planting are prescribed dispersedly in the many other related laws and it is concluded to be impossible for the legislation of the singular law which is applied uniformly to the department of the tree-planting. Hereafter it should be required to analyze concretely in detail the each text of the related laws by means of the joint studies between the professional landscape architects and the lawyers.

• Journal of the Korean Institute of Landscape Architecture
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• v.33 no.1 s.108
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• pp.58-70
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• 2005

Management practices and ordinances for urban scenic view protection are varied by cities because they have their distinctive nature and social environment. Therefore landscape management methods for urban scenic views are generally varied by the characteristics of city landscape and ordinance. This case study for scenic view protection practices in U.S.A. is very meaningful and appropriate because cities initiate a plan and/or an ordinance to manage urban scenic view in Korea. Urban scenic view protection methods were analyzed based on followings: 1) how to select scenic view resources and define spatial areas for preserving them, 2) how to control building height, open view corridor and guide landscaping and 3) how to carry out view protection methods and organize them in laws or ordinances. Findings of this study will be applied usefully in the development of urban scenic view protection methods in Korea.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.12 no.4
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• pp.81-93
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• 2009

This study has focused 302 environmental ordinances enacted from 1974 to 2008 by 16 upper-local governments (7 deignated cities and 9 provinces) and the relationships between them and the development of the Korean local autonomy system. The ordinances have been categorized into three types, the voluntary ones without any obligatory stipulations in laws, the optional ones based on laws, and the law based obligatory ones, which have been examined the enactment years and the contents of them. The local ordinances have been enacted in four periods with a few characteristics, which are "the pre-local-autonomy period (1974-1991)", "the introductory-local-autonomy period (1991-1995)", "the local-autonomy-developing period (1995-1999)", and "the mature-local-autonomy period (after 2000)", along the local autonomy development. 57 ordinances were enacted in the first period, 20 enacted in the second period, 46 enacted in the third period and 179 ordinances in the fourth period. The obligatory ordinances were the most in the first period and in the second period, while the voluntary ordinances were enacted most in the third period. 7 designated cities have pretty more ordinances, 160 in all, than 9 provinces, 142. The tendency to enact earlier in the metropolitan area, SeoulCity, IncheonCity and Gyeonggi province, than the others can be seen. It can be said that the establishment of the local autonomy in Korea had accelerated the development of the local environmental management.

• Journal of the Korean Institute of Landscape Architecture
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• v.25 no.3
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• pp.66-88
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• 1997

There is no special law of Landscape architecture in Korea. So, examining the concept from the legal basis of LA with the viewpoint of a natural scientist not a jurist, this study was conducted to grasp the present condition of the name and the related text of the foreign laws in force which were connected with LA.. And those foreign laws were arranged in the name and the text and classified by nations of regional groups and it was considered to the mutual relation with lots of laws which are scattered with the various laws. Current domestic regulations to the various fields of LA are assembled with the many related rules. The governmental organization conducting those business is nonexistent up to now and it is generally known to except the dept. of LA from the office organization in Korea. Being at a disadvantage as mentioned above, this study was progressed under the necessity of the scientific basis for the expected organic law of LA proposed to establish it by every field of LA. Though feels inconvenience if the study for the items itself of LA had been proceeded prior to the study of laws relating to LA throughout the study, such a extensive study will be a subject to be attempted constantly hereafter by all part of landscape architects. The contents of the study are as follows ; 1. The present condition of the foreign laws connected with LA 1. The proposal & analysis of the problems and the solutions to the domestic laws connected with LA 3. The proposal of the reasonable application pklan in order to establish the organic law for LA. Among the items relating to LA such as engineer, contract, planning, design and supervision, construction, maintenance, plant and planting, open space, facilities, aesthetics and sight, park, land use and development planning, urban and regional planning, leisure space planning, environmental conservation and ecology, structural engineering of construction, administration, right and penal regulations, the laws dealing with the matter relating to LA directly or indirectly are prescribed dispersedly in the many other related laws and it is concluded to be impossible for the independent law of LA is likely to be establish with not only selecting and arranging the matter having closed connections to LA directly but also being recognized as the systematic equipment of the LA business. It was to be analyzed the present condition of the collected foreign laws relating to LA. After pointing out the problems to the domestic related laws being at issue, the remedies for it were presented through the questionnaire of the landscape specialist in which the supporting opinions to the recognition to the problems and the solutions were come to a major portion. Three types of application such as applicable, non-applicable, applicable after examination were presented to decide whether or not the foreign related laws were applied to the domestic one. The result of analysis shows that 42 statutes and 9 ordinances are applicable, 4 statutes and 7 ordinances are non-applicable, 1 constitution, 81 statutes and 48 ordinances are applicable after examination.

• Journal of the Korean Institute of Landscape Architecture
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• v.28 no.6
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• pp.96-105
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• 2001

The purpose of this study is to establish landscape planning, and to find out to administrative system and improvement way on landscape plan in Korea. We have sought for research trend and the concept of landscape planning related to the landscape planning through the investigation of books and documents, and have analyzed the characteristics on the law for landscape plan in United State of America, United Kingdom,, France, Germany, Japan and Korea. As the results of this study are as follows; 1) A state developing local self-governing body as United State of America, United Kingdom and Germany carried out individually landscape plan. Especially, it raises clarity of administration to fix residents participation(Nonprofit Organization : NPO) and secures responsibility. 2) A state of centralized authoritarian rule as France and Japan applies common law to the nationwide but commission's concrete management or conference. 3) And so in Korea and applicable landscape plan was made on the basis of town-planning law and managed with ordinances for landscape. In here the important thing is division of role of central and local government and residents. This study proposes the system of planning and analyzed the related laws for the landscape formation and management. The future research on the character of the local areas, providing many chances with people in the community through publicity activities, and rearing the expert group on this matter should be made in the future.

• Journal of Korean Society of Rural Planning
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• v.11 no.1 s.26
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• pp.25-33
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• 2005

This study conducted a comparative analysis on ordinances on landscape composition by local governments, which are a part of the policy to activate landscape composition, by examining the cases of Korea and Japan. For the purpose of specialized landscape compositions according to the own characteristics of Korean local governments, this study suggests factors to consider on the enactment of ordinance on landscape composition as follows. First, in order to compose landscape with an unique figure of the local government, it is required to collect and analyze informations about the local landscape, to provide consistent programs of education and publicity related to the landscape composition and to encourage the involvement of local citizens and reward it. Second, the construction of the ordinance needs to build a plan of landscape composition for each district focused on the landscape composition, to introduce a system which enables self-designation of an ordinance, to establish a detailed guidance, to assign the duty to keep the guidance and regulate punishment in case of a violation of the guidance. It could be done by completing the common or basic elements on the construction of the ordinance on landscape composition.

• Journal of the Korean Institute of Landscape Architecture
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• v.28 no.1
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• pp.37-47
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• 2000

This research focused on the improved alternatives of the ordinance which practically control the open space in-situ, public open space and landscape construction related to city landscape for the healthy physical and mental life of the city dwellers. The contents of the study are as follows: 1. The special law of Landscape Architecture should be legislated. 2. The portion of landscaping should be changed by up-grading in the Ordinance of Landscape area and planting and the terms of landscape Facilities should include the ecological aspects in it's contents in the law. 3. The administration of local governments should actively lead and support the dwellers to make the roof gardens and the window gardens in the building area of cities or commercial districts which have relatively low rate of green space. 4. Any new construction and restoration of the buildings with preservation of the natural environment and creation of public open space should be given incentive and Set-back space in aesthetic area should have appropriate planting area and facilities in it. 5. Organizing professional landscape evaluation committee and composing evaluation standards are very important because of the contemporary proposition of the establishment of the establishment of ecological space and conservation of urban natural space. Because of the characteristics of Landscape Architecture, the Provisions of landscape Architecture Design and landscape architecture supervision of the specialist should be legislated and the Landscape Architectural Organization should be established within the Government.

• Journal of Korean Society of Rural Planning
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• v.28 no.2
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• pp.11-20
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• 2022

As a portal to rural town, Myeon near large cities is expected to represent image of the rural area. But, the landscape are changing rapidly due to development pressure and to the expansion of the transportation network. For visitors and transit traffic, Recognizing that the characteristics of the streetscape is an important task for the vitalization of the rural district. In particular, it was found that the visual quantity of the central street in the location of the town was closely related to the preference of the streetscape, and the visual quantity of trees and the visual quantity of the building showed an inverse relationship of + and - respectively. Since this is not a simple ratio of the sky to the building, but a relative factor, the possibility of landscape improvement can be improved through management of public facilities or green spaces and maintenance of open spaces or gaps between buildings. It seems that it is necessary to secure separate means for the management of the architectural landscape, such as the establishment of a special landscape plan or establishment of ordinances.

• Journal of the Korean Institute of Landscape Architecture
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• v.28 no.3
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• pp.105-115
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• 2000

The purpose of paper is to investigate the characteristics of regulations on landscape management of historic city of Kyongju in Korea, compared with those of Nara in japan to answer the research question that what is the regulative characteristics of landscape management of historic city in Korea. We have analyzed the three laws of the two country - Urban Planning Law, Cultural Assets Protection law, and Building Law. This research has been done in terms of regulative systems of the two country and articles, ordinances, and bylaws on landscape managements of historic city Major components of urban historic landscape management are goals and devices of preservation, preserving actor, authorized actor permitting major planning change, regulatory power on landscape development, and backgrounds of enacting regulations. From this research, we have fond the fact that 1) Kyongju City has general and implicit objectives of landscape management based on conservation of natural environment while Nara City has concrete objectives of lansdscape management, 2) Kyongju City has no regulations on landscape planning while Nara City has systematic planning measures such as designation of landscape management district, planning for preservation of historic landscape, and planning for establishing urban landscape, 3) In an application of landscape management district, Kyongju City designate the district based on the general principle of urban planning district while nara City designate it in a more detailed manner such as district of preservation of historic landscape, district of landscape establishment, and district of building agreement. 4) Kyongju has no legal actor in implementation and management of historic landscape plan while Nara City has administrative organization and procedures, including citizen participation, public hearing, and voluntary participation, and 5) Kyongju City does not operate the consultation committee on landscape management just like Nara City operating. This research results will provide us the remedial insights for landscape preservation of such Korean historic city as Kongju, Puyo, and Chunju. Since our research is focused on the limited area of preserving landscape in historic cities in korea and Japan we need to study sociocultural issues on preserving urban historic landscape more in depth in the future.