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

• Journal of Conservation Science
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• v.32 no.3
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• pp.403-416
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• 2016

Mineral composition and content of 22 Korean Dancheong pigment products were obtained by Rietveld quantitative analysis. Jubosa, Hwang, Seokrok, Seokcheong and Hobun consist of pure cinnabar, orpiment, malachite, azurite and calcite (or aragonite), respectively. Whereas Seokganju, Hwangto, Noerok, Lapis lazuli, Baekto and Cockie hobun mainly consist of hematite, goethite, celadonite, lazurite, kaolin mineral and portlandite, respectively. And they all consist of soil minerals (quartz, feldspar, sericite and vermiculite) and filler minerals in the industry field (calcite, gypsum and anhydrite) at a different content. Quantitative XRD proved more useful method to determined exact mineral composition and content than chemical or microscopical data. If this method utilize for specification of natural pigment product, it is considered to be applicable in restoration technology and conservation science field.

• Journal of Korean Society of Forest Science
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• v.104 no.3
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• pp.403-410
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• 2015

This study was conducted to analyze the forest environmental characteristics on a total of 20 forest environmental factors affecting the debris flow against 272 sites of risk areas. In the case of environmental factors, it showed the high risk of debris flow under the following conditions such as soil depth of less than 30cm, west slope, altitude of 200~300 m, mountain average slope of $25{\sim}30^{\circ}$, sandy loam, igneous rocks, and composite slope. Among the rainfall factors, 50~100 mm of maximum hourly rain fall and 300 mm of maximum rain fall per day have been shown the high risk of debris flow. Furthermore, the high risk of debris flow was related to the river-bed average slope of $10{\sim}20^{\circ}$, the river-bed average width of >10 m, the small amount of debris in river-bed (less than 20% of river-bed structure), the drainage density of >$1km/km^2$, the 40~60% of area with more than $20^{\circ}$ slope, and the 40~60% of areas with risk grade 2 of landslide. In addition, forest environmental factors including the driftwood, soil erosion control structures, age-class 3, crown density (density), and mixed forest were important factors causing the high risk of debris flow.