• Title/Summary/Keyword: 정당체계

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Land Law Meaning of the Land Development Permission System (토지개발허가제의 토지법적 의의 -「국토계획법」 제56조를 중심으로-)

  • Lee, Sun-Young;Kim, Sang-Jin
    • Korea Real Estate Review
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    • v.24 no.1
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    • pp.77-90
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    • 2014
  • With the purpose of preventing improper development on the national land, the land development permission system which is performed from 2002 has meaning as a type of limiting the property right, but modification on the details of traditionally understood land ownership is inevitable. Also, releasing the development prohibit on the land not only stop in recovering the freedom for land development, but also can be interpretated as a cause of forming the land development right, therefore the purpose of this study is to develop this into a real right. When we look at the development activity permission as a form of limiting the property right, constitutional problems of basis for that limit and compensation demand can occur. However, that limit can be recovered or relieved through permitting the development activity, therefore the compensation problem can be solved. Due to the development activity permission system, the land development right was separated from the land ownership to be communalized, and now, the land ownership only has condition use right left and don't have the future condition change right in principle, therefore modifying the traditional concept of land ownership is inevitable. By the virtue of the land ownership authority, the land development permission system must have the property to separate the development right as the independent right to be authorized of its legitimacy. Without these properties, the land development permission system cannot satisfy the social necessity of the land development right and its discussion under the category of the land ownership limit theory can't be deviated. In the existing "Civil Law" or in the Land Regulation Law system, there are many difficulties and limits in generalizing the land development right as a real right. Therefore, it is considered that by establishing a social law idea of Framework Act on the Land to characterize the land right theory in the real right theory, the land development permission system or the development right theory should be studied and developed independently and systematically.

A Study on the Impacters of the Disabled Worker's Subjective Career Success in the Competitive Labour Market: Application of the Multi-Level Analysis of the Individual and Organizational Properties (경쟁고용 장애인근로자의 주관적 경력성공에 대한 영향요인 분석: 개인 및 조직특성에 대한 다층분석의 적용)

  • Kwon, Jae-yong;Lee, Dong-Young;Jeon, Byong-Ryol
    • 한국사회정책
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    • v.24 no.1
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    • pp.33-66
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    • 2017
  • Based on the premise that the systematic career process of workers in the general labor market was one of core elements of successful achievements and their establishment both at the individual and organizational level, this study set out to conduct empirical analysis of factors influencing the subjective career success of disabled workers in competitive employment at the multi-dimensional levels of individuals and organizations(corporations) and thus provide practical implications for the career management directionality of their successful vocational life with data based on practical and statistical accuracy. For those purposes, the investigator administered a structured questionnaire to 126 disabled workers at 48 companies in Seoul, Gyeonggi, Chungcheong, and Gangwon and collected data about the individual and organizational characteristics. Then the influential factors were analyzed with the multilevel analysis technique by taking into consideration the organizational effects. The analysis results show that organizational characteristics explained 32.1% of total variance of subjective career success, which confirms practical implications for the importance of organizational variables and the legitimacy of applying the multilevel model. The significant influential factors include the degree of disability, desire for growth, self-initiating career attitude and value-oriented career attitude at the individual level and the provision of disability-related convenience, career support, personnel support, and interpersonal support at the organizational level. The latter turned out to have significant moderating effects on the influences of subjective career success on the characteristic variables at the individual level. Those findings call for plans to increase subjective career success through the activation of individual factors based on organizational effects. The study thus proposed and discussed integrated individual-corporate practice strategies including setting up a convenience support system by reflecting the disability characteristics, applying a worker support program, establishing a frontier career development support system, and providing assistance for a human network.

Analysis on Factors Influencing Welfare Spending of Local Authority : Implementing the Detailed Data Extracted from the Social Security Information System (지방자치단체 자체 복지사업 지출 영향요인 분석 : 사회보장정보시스템을 통한 접근)

  • Kim, Kyoung-June;Ham, Young-Jin;Lee, Ki-Dong
    • Journal of Intelligence and Information Systems
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    • v.19 no.2
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    • pp.141-156
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    • 2013
  • Researchers in welfare services of local government in Korea have rather been on isolated issues as disables, childcare, aging phenomenon, etc. (Kang, 2004; Jung et al., 2009). Lately, local officials, yet, realize that they need more comprehensive welfare services for all residents, not just for above-mentioned focused groups. Still cases dealt with focused group approach have been a main research stream due to various reason(Jung et al., 2009; Lee, 2009; Jang, 2011). Social Security Information System is an information system that comprehensively manages 292 welfare benefits provided by 17 ministries and 40 thousand welfare services provided by 230 local authorities in Korea. The purpose of the system is to improve efficiency of social welfare delivery process. The study of local government expenditure has been on the rise over the last few decades after the restarting the local autonomy, but these studies have limitations on data collection. Measurement of a local government's welfare efforts(spending) has been primarily on expenditures or budget for an individual, set aside for welfare. This practice of using monetary value for an individual as a "proxy value" for welfare effort(spending) is based on the assumption that expenditure is directly linked to welfare efforts(Lee et al., 2007). This expenditure/budget approach commonly uses total welfare amount or percentage figure as dependent variables (Wildavsky, 1985; Lee et al., 2007; Kang, 2000). However, current practice of using actual amount being used or percentage figure as a dependent variable may have some limitation; since budget or expenditure is greatly influenced by the total budget of a local government, relying on such monetary value may create inflate or deflate the true "welfare effort" (Jang, 2012). In addition, government budget usually contain a large amount of administrative cost, i.e., salary, for local officials, which is highly unrelated to the actual welfare expenditure (Jang, 2011). This paper used local government welfare service data from the detailed data sets linked to the Social Security Information System. The purpose of this paper is to analyze the factors that affect social welfare spending of 230 local authorities in 2012. The paper applied multiple regression based model to analyze the pooled financial data from the system. Based on the regression analysis, the following factors affecting self-funded welfare spending were identified. In our research model, we use the welfare budget/total budget(%) of a local government as a true measurement for a local government's welfare effort(spending). Doing so, we exclude central government subsidies or support being used for local welfare service. It is because central government welfare support does not truly reflect the welfare efforts(spending) of a local. The dependent variable of this paper is the volume of the welfare spending and the independent variables of the model are comprised of three categories, in terms of socio-demographic perspectives, the local economy and the financial capacity of local government. This paper categorized local authorities into 3 groups, districts, and cities and suburb areas. The model used a dummy variable as the control variable (local political factor). This paper demonstrated that the volume of the welfare spending for the welfare services is commonly influenced by the ratio of welfare budget to total local budget, the population of infants, self-reliance ratio and the level of unemployment factor. Interestingly, the influential factors are different by the size of local government. Analysis of determinants of local government self-welfare spending, we found a significant effect of local Gov. Finance characteristic in degree of the local government's financial independence, financial independence rate, rate of social welfare budget, and regional economic in opening-to-application ratio, and sociology of population in rate of infants. The result means that local authorities should have differentiated welfare strategies according to their conditions and circumstances. There is a meaning that this paper has successfully proven the significant factors influencing welfare spending of local government in Korea.

King Sejo's Establishment of the Thirteen-story Stone Pagoda of Wongaksa Temple and Its Semantics (세조의 원각사13층석탑 건립과 그 의미체계)

  • Nam, Dongsin
    • MISULJARYO - National Museum of Korea Art Journal
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    • v.101
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    • pp.12-46
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    • 2022
  • Completed in 1467, the Thirteen-story Stone Pagoda of Wongaksa Temple is the last Buddhist pagoda erected at the center of the capital (present-day Seoul) of the Joseon Dynasty. It was commissioned by King Sejo, the final Korean king to favor Buddhism. In this paper, I aim to examine King Sejo's intentions behind celebrating the tenth anniversary of his enthronement with the construction of the thirteen-story stone pagoda in the central area of the capital and the enshrinement of sarira from Shakyamuni Buddha and the Newly Translated Sutra of Perfect Enlightenment (圓覺經). This paper provides a summary of this examination and suggests future research directions. The second chapter of the paper discusses the scriptural background for thirteen-story stone pagodas from multiple perspectives. I was the first to specify the Latter Part of the Nirvana Sutra (大般涅槃經後分) as the most direct and fundamental scripture for the erection of a thirteen-story stone pagoda. I also found that this sutra was translated in Central Java in the latter half of the seventh century and was then circulated in East Asia. Moreover, I focused on the so-called Kanishka-style stupa as the origin of thirteen-story stone pagodas and provided an overview of thirteen-story stone pagodas built around East Asia, including in Korea. In addition, by consulting Buddhist references, I prove that the thirteen stories symbolize the stages of the practice of asceticism towards enlightenment. In this regard, the number thirteen can be viewed as a special and sacred number to Buddhist devotees. The third chapter explores the Buddhist background of King Sejo's establishment of the Thirteen-story Stone Pagoda of Wongaksa Temple. I studied both the Dictionary of Sanskrit-Chinese Translation of Buddhist Terms (翻譯名義集) (which King Sejo personally purchased in China and published for the first time in Korea) and the Sutra of Perfect Enlightenment. King Sejo involved himself in the first translation of the Sutra of Perfect Enlightenment into Korean. The Dictionary of Sanskrit-Chinese Translation of Buddhist Terms was published in the fourteenth century as a type of Buddhist glossary. King Sejo is presumed to have been introduced to the Latter Part of the Nirvana Sutra, the fundamental scripture regarding thirteen-story pagodas, through the Dictionary of Sanskrit-Chinese Translation of Buddhist Terms, when he was set to erect a pagoda at Wongaksa Temple. King Sejo also enshrined the Newly Translated Sutra of Perfect Enlightenment inside the Wongaksa pagoda as a scripture representing the entire Tripitaka. This enshrined sutra appears to be the vernacular version for which King Sejo participated in the first Korean translation. Furthermore, I assert that the original text of the vernacular version is the Abridged Commentary on the Sutra of Perfect Enlightenment (圓覺經略疏) by Zongmi (宗密, 780-841), different from what has been previously believed. The final chapter of the paper elucidates the political semantics of the establishment of the Wongaksa pagoda by comparing and examining stone pagodas erected at neungsa (陵寺) or jinjeonsawon (眞殿寺院), which were types of temples built to protect the tombs of royal family members near their tombs during the early Joseon period. These stone pagodas include the Thirteen-story Pagoda of Gyeongcheonsa Temple, the Stone Pagoda of Gaegyeongsa Temple, the Stone Pagoda of Yeongyeongsa Temple, and the Multi-story Stone Pagoda of Silleuksa Temple. The comparative analysis of these stone pagodas reveals that King Sejo established the Thirteen-story Stone Pagoda at Wongaksa Temple as a political emblem to legitimize his succession to the throne. In this paper, I attempt to better understand the scriptural and political semantics of the Wongaksa pagoda as a thirteen-story pagoda. By providing a Korean case study, this attempt will contribute to the understanding of Buddhist pagoda culture that reached its peak during the late Goryeo and early Joseon periods. It also contributes to the research on thirteen-story pagodas in East Asia that originated with Kanishka stupa and were based on the Latter Part of the Nirvana Sutra.

A Study on An Integrated GEO/TES with Geothermal Heat Exchanger and Thermal Ice Storage (지중열 교환기와 빙축열조(Thermal Ice Storage)를 연계시킨 통합 지중열-빙축열조 시스템(Integrated GEO/TES))

  • Lohrenz ED.;Hahn Jeongsang;Han Hyuk Sang;Hahn Chan;Kim Hyoung Soo
    • Economic and Environmental Geology
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    • v.38 no.6 s.175
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    • pp.717-729
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    • 2005
  • Peak cooling load of large buildings is generally greater than their peak heating load. Internal and solar heat gains are used fur selection of adquate equipment in large building in cold winter climate like Canada and even Korea. The cost of geothermal heat exchanger to meet the cooling loads can increase the initial cost of ground source heat pump system to the extend less costly conventional system often chosen. Thermal ice storage system has been used for many years in Korea to reduce chiller capacity and shift Peak electrical time and demand. A distribution system designed to take advantage of heat extracted from the ice, and use of geothermal loop (geothermal heat exchanger) to heat as an alternate heat source and sink is well known to provide many benifits. The use of thermal energy storage (TES) reduces the heat pump capacity and peak cooling load needed in large building by as much as 40 to $60\%$ with less mechanical equipment and less space for mechanical room. Additionally TES can reduce the size and cost of the geothermal loop by 1/3 to 1/4 compared to ground coupled heat pump system that is designed to meet the peak heating and cooling load and also can eliminate difficuties of geothermal loop installation such as space requirements and thermal conditions of soil and rock at the urban area.

Legal Status of Space Weaponization (우주공간에서의 무기배치와 사용의 법적 지위)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.247-276
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    • 2017
  • The protection of space asset has been new major cause of space militarization. For such purpose, it has been officially announced that a policy of deterring and denying any adversaries from accessing the outer space. Space militarization is to be conversed into a new concept of space weaponization. The USA has announced its policy of space weaponization, while China and Russia have not revealed their plan or policy. Latter States, however, have proposed a draft treaty limiting the deployment of warfare in the outer space. The terms of the Outer Space Treaty, reflecting three significant United Nations General Assembly resolutions from the 1960s, support the position that ground rules must be observed in the exploration and the use of outer space, particularly in the absence of specific space law rules. Yet the combination (and culmination) of these two approaches to the legal regulation of outer space-specific rules as and when agreed by the international community and the translation of principles developed for terrestrial regulation to outer space-still leaves much room for uncertainty and exploitation for military and strategic purposes. As space weaponization may contribute to deterring the use of weapon, it may be not against the UN Charter Article 2(4). If space weaponization might generate the space debris such that the outer space is no more available for exploration and use, it is against the proportionality principle and discrimination principle enshrined in the laws of the war. But, if the limitation upon the kind and use of space weaponization is agreed among the States, then the space weaponization may not be against the laws of the war, and be considered permissible within the rationale of limited war.

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The Past and Future of Public Engagement with Science and Technology (참여적 과학기술 거버넌스의 전개와 전망)

  • Kim, Hyomin;Cho, Seung Hee;Song, Sungsoo
    • Journal of Science and Technology Studies
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    • v.16 no.2
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    • pp.99-147
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    • 2016
  • This paper critically reviews the previous discussion over public engagement with science and technology by Science and Technology Studies literatures with a focus on justification and acceptance. Recent studies pointed out that the "participatory turn" after the late 1990s was followed by confusion and disagreement over the meaning and agency of public engagement. Their discussion over the reproduction of the ever-present boundary between science and society along with so-called late modernity and post-normal science and sometimes through the very processes of public engagement draws fresh attention to the old problem: how can lay participation in decision-making be justified, even if we agree that privileging the position of experts in governance of science and technology is no longer justified? So far STS have focused on two conditions for participatory turn-1) uncertainties inherent in experts' ways of knowing and 2) practicability of lay knowledge. This paper first explicated why such discussion has not been logically sufficient nor successful in promoting a wide and well-thought-out acceptance of public engagement. Then the paper made a preliminary attempt to explain what new types of expertise can support the construction and sustainment of participatory governance in science and technology by focusing on one case of lay participation. The particular case discussed by the paper revolves around the actions of a civil organization and an activist who led legal and regulatory changes in wind power development in Jeju Special Self-governing Province. The paper analyzed the types of expertise constructed to be effective and legitimate during the constitution of participatory energy governance and the local society's support for it. The arguments of this paper can be summarized as follows. First, an appropriate basis of the normative claim that science and technology governance should make participatory turn cannot be drawn from the essential characteristics of lay publics-as little as of experts. Second, the type of 'expertise' which can justify participatory governance can only be constructed a posteriori as a result of the practices to re-construct the boundaries between factual statements and value judgment. Third, an intermediary expertise, which this paper defines as a type of expertise in forming human-nonhuman associations and their new pathways for circulations, made significant contribution in laying out the legal and regulatory foundation for revenue sharing in Jeju wind power development. Fourth, experts' conventional ways of knowing need to be supplemented, not supplanted, by lay expertise. Ultimately, the paper calls for the necessity to extend STS discussion over governance toward following the actors. What needs more thorough analysis is such actors' narratives and practices to re-construct the boundaries between the past and present, facts and values, science and society. STS needs a renewed focus on the actual sites of conflicts and decision-making in discussing participatory governance.

Der Verlust der Amtsfähigkeit bzw. des Wahlrechts und das Gebot der Individualisierung der Strafen (선거범에 대한 자격제한과 형벌개별화원칙)

  • Chung, Kwang-Hyun
    • Journal of Legislation Research
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    • no.53
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    • pp.337-374
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    • 2017
  • Wer wegen eines Wahldelikts zu Geldstrafe von mehr als 1 Million Won verurteilt wird, verliert nach ${\S}$ 18 Abs. 1 Satz 3, ${\S}$ 19 Satz 1, ${\S}$ 266 des Koreanischen Wahlgesetzes $f{\ddot{u}}r$ die Dauer von $f{\ddot{u}}nf$ Jahren die $F{\ddot{a}}higkeit$, ${\ddot{o}}ffentliche$ ${\ddot{A}}mter$ zu bekleiden und Rechte aus ${\ddot{o}}ffentlichen$ Wahlen. Bei Verurteilung zu Freiheitsstrafe wegen eines Wahldelikts ${\ddot{A}}mter$ sich die Dauer des Verlusts der $Amtsf{\ddot{a}}higkeit$ und des aktiven bzw. passiven Walhrechts auf 10 Jahre. Dies erfolgt kraft Gesetzes. Das $hei{\ss}t$, dass die Entscheidung ${\ddot{u}}ber$ das Ob und die Dauer des Verlusts nicht im Ermessen des Gerichts steht. Allerdings sollte $diesbez{\ddot{u}}glich$ nicht verkannt werden, dass ein deratriger Entzug von $Amtsf{\ddot{a}}higkeit$, $W{\ddot{a}}hlbarkeit$ u.s.w., mit dem eine Straftat geahndet werden soll, selber von Natur aus eine Art Strafen darstellt. Der im ${\S}$ 41 des Koreanischen StGB geregelte Strafen-Katalog $enth{\ddot{a}}lt$ $n{\ddot{a}}mlich$ eine zeitlich begrenzte Aberkennung des oben genannten ${\ddot{o}}ffentliche$n Rechtsstatus als eine Art Ehrenstrafen. Nicht einleuchtend ist, warum das Wesen der Sanktion $gem{\ddot{a}}{\ss}$ ${\S}$ 18 Abs. 1 Satz 3, ${\S}$ 19 Satz 1, ${\S}$ 266 des Koreanischen Wahlgesetzes, die den gleichen Zweck und die gleiche Rechtsfolge wie die im ${\S}$ 41 des Koreanischen StGB geregelte Ehrenstrafe hat, nicht als Strafe aufgefasst werden sollte. Handelt es sich bei der oben genannten Sanktion um eine Art Ehrenstrafen, so stellt sich die Anforderung, sie je nach der Eigenart der begangenen Tat bzw. des $T{\ddot{a}}ters$ zu individualisieren. Das Gebot der Individualisierung der Strafen, welches $haupts{\ddot{a}}chlich$ vom materiellen Rechtsstaatsprinzip ableitbar ist, kann im Grunde nur verwirklicht werden, wenn das Gericht dazu befugt ist, unter $Ber{\ddot{u}}cksichtigung$ der konkreten $Umst{\ddot{a}}nde$ jedes Einzelfalls ${\ddot{u}}ber$ eine angemessene Strafe zu befinden. Somit ist der kraft Gesetzes eintretenden Verlust der $Amtsf{\ddot{a}}higkeit$ und der $W{\ddot{a}}hlbarkeit$ nur schwer mit dem Gebot der Individualisierung der Strafen vereinbar. Es $w{\ddot{a}}re$ deshalb $w{\ddot{u}}nschenswert$, wenn der Gesetzgeber eine Reform in Betracht ziehen $w{\ddot{u}}rde$, welche den Ersatz des kraft Gesetzes automatisch eintretenden Entzugs der $Amtsf{\ddot{a}}higkeit$ bzw. des Wahlrechts durch die gerichtliche fakultative Aberkennung von diesen Statusrechten beinhaltet.

A reflection on the education of Confucian classics (유교경전교육(儒敎經典敎育)을 위한 반성적(反省的) 고찰(考察))

  • Chin, Sung-Su
    • The Journal of Korean Philosophical History
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    • no.25
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    • pp.223-249
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    • 2009
  • This papers focuses on the Confucian classics for the correct orientation of education as a basic task of the Confucian classics will as a necessary whether the need for education, to identify the natural history study will attempt to have. In East Asia means that classics, the classicalization process of looking at Chinese culture, classicalization of review of the cultural meaning. And this papers focuses on the historical evolution of education, and education in China and Korea in the modern world the meaning of the Confucian classics education about and looked at two dilemmas. And outside the scope of Confucian five ethical thoughts as main moral to find new values and new interpretations about the legitimacy and philosophical thinking of the meaning of the Confucian classics Education. In addition, the development of educational content to the new Confucian classics on the subject of three applies to the existing approach and to propose a new type of comparison?Review. As primitive Confucian classics is not determined by a priori, the modern understanding of the Confucian classics also thorough review process of reflection and understanding the new system will have to be reconfigured. Furthermore, in the richness of modern society as the training methods as well as the development of relevant content for the modern society that values education's development is a very important issue. In this respect, should not be overlooked here is not about education, the effect of Confucian classics is concerned about the review. To this, first of all the Confucian classics need education about the content and strict screening operation. In addition, the ability to function in modern society, modern reinterpreted and the need to find a new educational element is. Because we did not give a realistic benefits and future view and any history or civilization, is always disappear in history. This series of problems will be a reason of require that philosophical thinking of Confucian classics education.

A Study on the Spatial Control Effect of Panjang in Donggwoldo (동궐도(東闕圖) 판장(板墻)의 공간통제 효과에 관한 연구)

  • HA Yujeong;KIM Choongsik
    • Korean Journal of Heritage: History & Science
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    • v.55 no.4
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    • pp.196-209
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    • 2022
  • This study compared and analyzed the spatial division function and role of partitions by comparing the entire space and the spatial changes before and after the installation of partitions in <Donggwoldo>, which was manufactured in the late Joseon Dynasty. As a research method, a set standard was prepared to decompose the space of <Donggwoldo> into a unit space, and the standard was set according to the role and height of the space by classifying it into a main space, sub space, and transition space. Two convex maps were prepared according to before and after the installation of the Panjang, and the values of connectivity, control, and integration, which are spatial syntax variables, were calculated and analyzed. The results of the study are as follows. First, the partition in <Donggwoldo(東闕圖)> did not affect the overall spatial arrangement and control or connection of Donggwol, but the movement and access of space is limited to specific areas. Second, the partition was a facility intensively distributed in Naejeon(內殿) and Donggung(東宮) to be used actively in the way of space utilization. It shows that the unit space increased rapidly due to the installation of the partition. Since the partition was installed in the spaces that were open and under high control in the case of Naejeon(內殿), it helped to secure private spaces as closed ones under low control. On the other hand, for Donggung(東宮), the spaces were compartmented and divided with the partition to guide the movement path through narrow gates of the partition and increase the depth of the space. This helped to create spaces that are free and can be hidden as it increased the number of spaces coming through. Third, In addition to the functions of "eye blocking, space division, and movement path control" revealed in prior research, the partition has created a "space that is easy to control" within a specific area. The installation of the partition reduced the scale through the separation of spaces, but it occurred the expansion of the movement path and space. Also, the partition functioned to strengthen hiding and closure or increase openness as well through space division. This study is significant in that it revealed the value of the spatial control function of panjang through the analysis of spatial control and depth by analyzing the function of the partition with a mathematical model in addition to the analysis and study of the function and role of panjang. In addition, it is valuable in that it has prepared a framework for analysis tools that can be applied to traditional residential complexes similar to palaces by applying space syntax to <Donggungdo> to create convex spaces according to unit space division and connection types of palace architecture and landscape elements.