• Journal of Environmental Policy
• /
• v.8 no.4
• /
• pp.125-147
• /
• 2009

The Basic Environmental Policy Act (BEPA) (Law No. 4257 effective 1. August 1990) sets forth the basic policies and administrative framework for environmental preservation, leaving more detailed regulations, and emission controls to separate laws targeting air, water, and solid waste, etc. The BEPA Article 31 adopts an unprecedented strict liability standard for damages as an absolute liability. The BEPA Article 31 provides for liability as follows. If a company is alleged to have caused damage through pollution of the environment, it will be liable for damages unless it can show that the pollution did not cause damages, or that it did not actually cause pollution. If the company did cause pollution, and if the pollution is the cause for the damages in question, the company will be liable irrespective of whether it was negligent or otherwise at fault. If there are two or more companies involved in the pollution, but it is unclear which company caused the damages, all of the companies will be jointly and severally liable for the damages. In this paper, the author attempts to uncover the problems of BEPA Article 31 and then seeks desirable amendments by comparing it to the German Environmental Liability Act. First, it will be necessary to provide definitions of 'companies etc.'. Second, it will be necessary to enumerate the kinds of company facilities. Third, it will be necessary to provide exclusionary clauses on material damages. Fourth, it will be necessary to show 'presumption of cause and effect'. Fifth, it will be necessary to provide a clause on 'right to information'. Sixth, it will be necessary to provide a clause for force majeure. Seventh, it will be necessary to take measures to secure abundant liability for damages which can be caused by the owner of the facility, the potential polluter. Finally, it is appropriate that Korea now legislate an Environmental Liability Act akin to the German Environmental Liability Act.

• Journal of the Korean Geophysical Society
• /
• v.3 no.4
• /
• pp.269-280
• /
• 2000

Rail vibration in city zone is becoming a serious environmental problem. In order to make a reduction plan for rail vibration, the research was conducted in which many experiments to measure actual rail vibration along the railroad through the central Deajeon area. A digital vibration level meter was used to measure rail vibration. Vibration levels of Z-axis were measured at every second for the duration of the train passing. The measuring station was placed at every 5m for the distance of 55m. A total of 353 different sets of vibration level were obtained. The signals were processed to get $L_{10}$ value and analyzed in terms of distance, train velocity, and number of trains. As a result, it has been found that rail vibration exceed the allowable vibraton limit of 60 dB, at the point of 25 m far from the railroad center, which is regulated by the las of vibration and noise. Train velocity was found to affect a little for vibration level within the zone. It was also found that a trench installed along a railroad could reduce vibration level up to approximately 10 percent. A model test was conducted to investigate the influence of the location and size of trench, on the transfer of vibration. A heavy steel ball was used to generate vibrations. On the basis obtained from this study, it could be concluded that the application of distance-attenuation and the installment of a trench along railroad could be applied as a reduction plan for rail vibration. Because limitions might exist to depend on the effect of distance attenuation, trenchs excavated along a railroad might be suggested as the most efficient solution to reduce railroad vibration.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.45 no.6
• /
• pp.62-75
• /
• 2017

This study analyzes the multiple effects of the following three aspects of waterscape facilities within apartment complexes: planning/designing, maintenance/management, and use of the facilities and suggests primary documents that will be fundamental for the methods to accelerate the implementation of waterscape facilities. A survey and analysis was conducted among a few of the most representative private apartment complexes in Seoul in accordance with the management and operation of waterscape facilities. The analysis used frequency analysis, descriptive statistics, reliability test, t-test, and PLS regression analysis. The research findings are as follows: first, the degree of use of waterscape facilities was found to be low regardless of the levels of operation, but residents' preference for the facilities was shown to be high, thus indicating there are still high expectations on the part of residents. Second, regardless of whether the facilities are being operated efficiently, the two items of location and display method under the section of planning and designing and the two items of aptitude and convenience under the section of use were found to positively affect the operation and use of waterscape facilities. Particularly, the item of freshness, cleanliness was shown to be directly and indirectly correlated with obsolescence, administration costs, and noise, which negatively affect the operation. Third, it was found that the administration costs itself that had been shown as the most negative factor of operating landscaping facilities in previous research did not cause problems in the residential area where the facilities are not operated efficiently. The finding suggests that the administration costs do not matter but that in the case of experience- and entertainment-typed facilities that residents want, they are linked to problems that do not introduce the desired facilities. Fourth, it was found that various aspects of planning, designing, maintaining, and using facilities interconnect and affect one another in the process of operating and using waterscape facilities resulting in the need to have a comprehensive approach to these three factors of planning, design, maintenance, management, and utilization. This study proposes that the needs and values of residents should be reflected to activate the introduction of landscaping facilities in the apartment complexes.