• Title/Summary/Keyword: 위반 건축물

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A Study on Legal and Regulatory Improvement Direction of Aeronautical Obstacle Management System for Aviation Safety (항공안전을 위한 장애물 제한표면 관리시스템의 법·제도적 개선방향에 관한 소고)

  • Park, Dam-Yong
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.145-176
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    • 2016
  • Aviation safety can be secured through regulations and policies of various areas and thorough execution of them on the field. Recently, for aviation safety management Korea is making efforts to prevent aviation accidents by taking various measures: such as selecting and promoting major strategic goals for each sector; establishing National Aviation Safety Program, including the Second Basic Plan for Aviation Policy; and improving aviation related legislations. Obstacle limitation surface is to be established and publicly notified to ensure safe take-off and landing as well as aviation safety during the circling of aircraft around airports. This study intends to review current aviation obstacle management system which was designed to make sure that buildings and structures do not exceed the height of obstacle limitation surface and identify its operating problems based on my field experience. Also, in this study, I would like to propose ways to improve the system in legal and regulatory aspects. Nowadays, due to the request of residents in the vicinity of airports, discussions and studies on aviational review are being actively carried out. Also, related ordinance and specific procedures will be established soon. However, in addition to this, I would like to propose the ways to improve shortcomings of current system caused by the lack of regulations and legislations for obstacle management. In order to execute obstacle limitation surface regulation, there has to be limits on constructing new buildings, causing real restriction for the residents living in the vicinity of airports on exercising their property rights. In this sense, it is regarded as a sensitive issue since a number of related civil complaints are filed and swift but accurate decision making is required. According to Aviation Act, currently airport operators are handling this task under the cooperation with local governments. Thus, administrative activities of local governments that have the authority to give permits for installation of buildings and structures are critically important. The law requires to carry out precise surveying of vast area and to report the outcome to the government every five years. However, there can be many problems, such as changes in the number of obstacles due to the error in the survey, or failure to apply for consultation with local governments on the exercise of construction permission. However, there is neither standards for allowable errors, preventive measures, nor penalty for the violation of appropriate procedures. As such, only follow-up measures can be taken. Nevertheless, once construction of a building is completed violating the obstacle limitation surface, practically it is difficult to take any measures, including the elimination of the building, because the owner of the building would have been following legal process for the construction by getting permit from the government. In order to address this problem, I believe penalty provision for the violation of Aviation Act needs to be added. Also, it is required to apply the same standards of allowable error stipulated in Building Act to precise surveying in the aviation field. Hence, I would like to propose the ways to improve current system in an effective manner.

Study on Renovation of Old Facilities and Improvement of Quality of Life (노후시설 개보수와 삶의 질 향상에 관한 연구)

  • Cho, Tai-Kwan
    • Proceedings of the Korean Society of Disaster Information Conference
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    • 2022.10a
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    • pp.223-224
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    • 2022
  • 노후주거시설의 개보수의 필요성이 대두 되고 있으나 관련법규의 제약에 의해 내 외부 미관수선 정도에 그치고 있는 것이 현실이다. 그래 조금 나은 동선과 공간으로 수선시 법을 위반하여 불법 건축물로 낙인되어 지는 것이다. 경제적인 여유가 없는 노령층등 사회적 약자가 거주하는 공간은 더욱 더 열약하여 화장실, 주방, 수평이동 통로, 승강기등의 편의시설과 붕괴, 침하, 화재, 폭발, 오염등의 안전을 위협하는 위험요소의 제거등이 당장 필요하여도 미봉에 그치는 경우가 다반사이다. 또 이러한 노후 건물의 개보수는 신, 개축 보다 어렵고 비용도 많이 들면서 그 효과도 미미한 것이 사실이나 당장 신, 개축하기에는 관련 법규에 저촉되거나 주변 여건에 부합하지 않아 실시 할 수 없는 경우가 많아 이를 개선하고 합리적인 롤 모델을 만들고 필요하다면 관련법령도 정비할 필요가 있는 것이다. 노후되지 않아도 현시점에서 생활의 불편함을 느껴 개선할 필요가 있는 경우도 관련 법규의 유연함이 필요할 것이다. 본 연구는 이러한 노후 주거 시설 및 현실 여건에 맞지않는 주거 시설을 보다 쉽고 합리적으로 개 보수할 수 있는 여건이 조성되도록 관련 건축법령의 개선, 또 경제적 여유가 없는 저소득층의 개보수여건을 개선할 수 있는 정부지원방안, 이러한 노후 주거시설의 개보수가 부동산 시장에 어떠한 영향을 초래할 수 있는지를 기존 연구들과 비교하여 합리적인 방안을 도출하고저 함.

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A Proposal of Repair Cost Estimating Criteria for Persistent Defects in Apartment Houses

  • Lee, Hae-Jin;Lim, Nam-Gi
    • Journal of the Korea Institute of Building Construction
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    • v.11 no.6
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    • pp.597-608
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    • 2011
  • It has been often noted as a problem that as there are no objective and clear criteria for the repair cost estimate of persistent defects, when a claim arises in relation to an apartment construction, significantly different amounts of compensation may be given for similar defects based on the experience and tendencies of the construction experts asked to make a judgment. For this reason, this research aims to present defect managers with a more reasonable and objective estimation criteria and a system to determine the repair cost of defects based on an analysis of relevant factors. The research findings show that the historical cost system is applied first, and then a standard of estimation is used to estimate the cost for the items that are not included in the historical cost system. The criteria for the repair cost for each defect is as follows: the repair cost for defects arising from a regulation violation is determined by calculating the reconstruction cost of the parts in question after demolishing them; the repair cost for progressive defects is determined based on a contribution ratio proportional to the age of the building; the repair cost for repetitive defects is calculated by considering an alternative to maximize the intended function of the defective parts; and the repair cost for value depreciation defects is determined based on the ratio of the warranty period to the lapsed years. However, repair cost estimation for dual value depreciation defects should be studied in future research.

A Study on the Utilization of ESG for Reducing Carbon Emissions in the Building Sector and Development Directions (건물부문의 탄소배출량 절감을 위한 ESG의 활용방안과 발전방향)

  • Sang Duck Moon
    • Environmental and Resource Economics Review
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    • v.31 no.4
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    • pp.801-824
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    • 2022
  • Recently, United Nations found that 38% of global carbon emissions are generated in the building sector, surpassing other industries (32%) and transportation (23%), and ESG is actively used as a way to reduce carbon emissions in the building sector, led by overseas advanced countries. In Korea, as the National Pension Service announced "Consider ESG with more than 50% of investment assets" this year, the move to introduce ESG in the building sector is accelerating, centering on construction companies and asset management companies. However, as the domestic ESG evaluation system is still mainly focused on corporate governance and social responsibility, interest in the environmental sector is lagging behind that of advanced countries. As ESG in the building sector is expected to grow rapidly over the next 10 years, I would like to suggest the following development directions. The first is the expansion of the incentive system. In order for the government to successfully implement policies related to ESG in the building sector, incentive system such as tax reduction and building standards should be expanded further than now in addition to negative systems such as rent restrictions and punishment taxes due to regulatory violations. Second, standardized ESG standards are established. Rather than creating an independent Korean ESG standard that is far from global standards, it is necessary to organize the common parts of global standards and evaluation methods and create and provide guidelines in the form of standard textbooks that can be used equally by all stakeholders. Third, it is an effort to link ESG in the building sector with Digital Transformation(DX). This is because actual energy savings and carbon emission reduction can be realized only when the operation method of the building sector, which is operated mainly by manpower, is digitalized and converted to an intelligent way.