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Current Development of Company Law in the European Union (유럽주식회사법의 최근 동향에 관한 연구)

  • Choi, Yo-Sop
    • Journal of Legislation Research
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    • no.41
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    • pp.229-260
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    • 2011
  • European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.

Effects of streambed geomorphology on nitrous oxide flux are influenced by carbon availability (하상 미지형에 따른 N2O 발생량 변화 효과에 대한 탄소 가용성의 영향)

  • Ko, Jongmin;Kim, Youngsun;Ji, Un;Kang, Hojeong
    • Journal of Korea Water Resources Association
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    • v.52 no.11
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    • pp.917-929
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    • 2019
  • Denitrification in streams is of great importance because it is essential for amelioration of water quality and accurate estimation of $N_2O$ budgets. Denitrification is a major biological source or sink of $N_2O$, an important greenhouse gas, which is a multi-step respiratory process that converts nitrate ($NO_3{^-}$) to gaseous forms of nitrogen ($N_2$ or $N_2O$). In aquatic ecosystems, the complex interactions of water flooding condition, substrate supply, hydrodynamic and biogeochemical properties modulate the extent of multi-step reactions required for $N_2O$ flux. Although water flow in streambed and residence time affect reaction output, effects of a complex interaction of hydrodynamic, geomorphology and biogeochemical controls on the magnitude of denitrification in streams are still illusive. In this work, we built a two-dimensional water flow channel and measured $N_2O$ flux from channel sediment with different bed geomorphology by using static closed chambers. Two independent experiments were conducted with identical flume and geomorphology but sediment with differences in dissolved organic carbon (DOC). The experiment flume was a circulation channel through which the effluent flows back, and the size of it was $37m{\times}1.2m{\times}1m$. Five days before the experiment began, urea fertilizer (46% N) was added to sediment with the rate of $0.5kg\;N/m^2$. A sand dune (1 m length and 0.15 m height) was made at the middle of channel to simulate variations in microtopography. In high- DOC experiment, $N_2O$ flux increases in the direction of flow, while the highest flux ($14.6{\pm}8.40{\mu}g\;N_2O-N/m^2\;hr$) was measured in the slope on the back side of the sand dune. followed by decreases afterward. In contrast, low DOC sediment did not show the geomorphological variations. We found that even though topographic variation influenced $N_2O$ flux and chemical properties, this effect is highly constrained by carbon availability.

Changes in Marine Environmental Factors and Phytoplankton Community Composition Observed via Short-Term Investigation in a Harbor in the Eastern Part of the South Sea of Korea (남해동부연안항만에서 하계 단주기 조사에 따른 해양환경 및 식물플랑크톤 군집조성의 변화)

  • Lee, Minji;Baek, Seung Ho
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.6
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    • pp.669-676
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    • 2017
  • To understand the relationship between environmental factors and phytoplankton community structures and why early outbreaks of Cochlodinium polykrikoides occur in the inner bay of Korea, short-term investigations were conducted at 17 stations in the eastern part of the South Sea of Korea, with sessions every two weeks from July 7 to August 24, 2016. The water temperature increased from $22.3^{\circ}C$ in the first survey to $28.4^{\circ}C$ in the fourth survey, which was a rise of about $6.01^{\circ}C$. Salinity was relatively high at Stns. 8 13 in the inner bay. In the first survey, rainfall of about 150 mm was observed, so nutrients were supplied at a high level and a high concentrate of Chl. a was observed. Cryptophyta (Crpytomonas spp.) represented 58.3 % of the community, followed by Bacillariophyta at 33.8 %. In particular, at Stn. 5, Dinophyta Prorocentrum spp. accounted for a very high percentage, 32.2 %. In the second survey, low phytoplankton populations were observed, and Bacillariophyta (Chaetoceros spp.) accounted for 61.0 %. At Stn. 4, Skeletonema spp. showed high populations but did not appear at other stations even at a low density. In the third and fourth surveys, phytoplankton populations were very low. Bacillariophyta represented 78.0 % in the third study and 73.3 % in the fourth. Interestingly, although the appearance of C. polykrikoides was investigated at the beginning of the red tide in the coastal area, they were not observed inshore, implying that the likelihood of inflow by the germination of resting cysts was low for the inner bay during this study period. In addition, environmental characteristics such as salinity and nutrient presence were significantly different between sampling stations due to the existence of a semi-closed bay in the southern sea, resulting in dominant phytoplankton species and community composition differing in these short-term investigations.

A Study on Consumer Characteristics According to Social Media Use Clusters When Purchasing Agri-food Online (온라인 농식품 구매시 소셜미디어 이용 군집에 따른 소비자특성에 대한 연구)

  • Lee, Myoung-Kwan;Park, Sang-Hyeok;Kim, Yeon-Jong
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.16 no.4
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    • pp.195-209
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    • 2021
  • According to the 2019-2020 social media usage survey conducted by the Seoul e-commerce center, 5 out of 10 consumers have experienced shopping through social media. The cost of traditional advertising media has been reduced and advertising spending on social media has risen by 74%, indicating that social media is becoming a more important marketing element. While the number of users of social media has increased and corporate marketing activities have increased accordingly, research has been conducted in various aspects of marketing such as user motivation for social media, satisfaction, and purchase intention. There was no subdivided study on the differences in the social media usage frequency of consumers in actual purchasing behavior. This study attempted to identify differences in consumer characteristics by cluster in the agrifood purchase situation by grouping them by type according to the frequency of use of social media for consumers who purchase agri-food online. Product involvement, product need, and online purchase channel Consumer characteristics such as demographic distribution, perceived risk, and eating and lifestyle in each cluster were checked for the three agrifood purchase situations including choice, and types for each cluster were presented. To this end, questionnaire data on the frequency of social media use and online agrifood purchase behavior were collected from 245 consumers, and the validity of the measurement variables was secured through factor analysis and reliability analysis. As a result of cluster analysis according to the frequency of social media use, it was divided into three clusters. The first cluster was a group that mainly used open social media, and the second cluster was a group that used both open and closed social media and online shopping malls; The third cluster was a group with low online media usage overall, and the characteristics of each cluster appeared. Through regression analysis, the effect on product involvement, product need, and purchase channel selection when purchasing agri-food online through each of the three clusters was confirmed through regression analysis. As a result of the regression analysis, the characteristic of cluster 1 in the situation of purchasing agri-food online is a male in his 30s living in a rural area who has no reluctance to purchase agri-food on social media or online shopping malls. The characteristics of cluster 2 are mainly consumers who are interested in purchasing health food, and the consumer characteristics are represented. In the case of cluster 3, when purchasing products online, they purchase after considering quality and price a lot, and the consumer characteristics are represented as people who are more confident in purchasing offline than online. Through this study, it is judged that by identifying the differences in consumer characteristics that appear in the agri-food purchase situation according to the frequency of social media use, it can be helpful in strategic judgments in marketing practice on social media customer targeting and customer segmentation.

A Study on the Space Organization and Garden Language of Mongsimjae in Namwon (남원 몽심재(夢心齋)의 정원구성과 조형언어 해석)

  • Rho, Jae-hyun;Choi, Yung-hyun;Shin, Sang-sup
    • Korean Journal of Heritage: History & Science
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    • v.47 no.1
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    • pp.32-45
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    • 2014
  • In this study, the characteristics of Mongsimjae in Namwon-si, Jeollabuk-do have been researched focusing on the writings engraved in huge stones and rocks of pavilion standing beside a lotus pond and its formative languages in the garden has been interpreted as follows. Name of pavilion(堂號) Mongsimjae(夢心齋) includes a classical scholar's spirit, refusing to serve two kings and homecoming after resignation from a government office(歸去來) of Songam(松菴) Park Moonsu(朴門壽), an ancestor who has brought to the Juksan(竹山) Park's family again. A pavilion standing beside a lotus pond(蓮塘) built in the reception garden is a gardening facility symbolizing 'Yeondang(蓮堂)' Park Dongsik(朴東式) who built Mongsimjae. The bamboo hill connected to the backyard seems to be relevant to 'Juksan', the family clan of Mongsimjae's owner and this kinds of intention can be found in the bamboos in the outer garden naturally led to inside the garden through the flower beds. The purpose for the western arrangement of the main building and gate contrary to the 'chukjwamihyaug'(丑坐未向; a direction toward to the south-southwest) of the prospect of Sarangchae(guesthouse) is interpreted to naturally attract people's eyes to the pavilion standing beside a lotus pond and to mitigate the sense of closure resulting from the huge stones located in the reception garden. Also the writing engraved in the three huge stones, 'Jonsimdae(存心臺)', implies that it is a place where was selected with heart by Juksan Park family who settled down in Homsil, Namwon after 'Haengchon(杏村) Park Jaryang(朴子良)' in Yiphyangjo(入鄕祖), Namwon and 'Jeongwa(靖窩)' is interpreted as a signature representing that it is the most comfortable house where Jeongwa Park Haechang(朴海昌: 1876~1933), the third owner of Mongsimjae, has lived. The pavilion standing beside a lotus pond of the 'Bangjibangdo(方池方島; square pond and square island)' type has no lotus for now and waterside cornerstones roughly piled with broken stones naturally mitigate the slope. There are two water inflows gathering rainwater in the reception garden other than the water inflow of valley and the upper-side water inflow was built using a high waterfall method. The middle island cut into a square was designed to use in two ways, as 'island' or 'steppingstone', according to the water level and the old name of the pavilion standing beside a lotus pond was revealed as 'Cheonundam(天雲潭)' from the engraved writing located in the side of the middle island. In addition, 'Imni(臨履)', engraved writing in the finishing stone of waterside by citing a line of 'Sigyeong(詩經)', implies 'Be a upright classical scholar who pays close attention to one's own behaviors' and 'Jeongchuk(渟?)' is interpreted as a message that desires the eternal staying of the Juksan Park family's wealth. Ultimately, the writings engraved in the huge stones and rocks of the pavilion standing beside a lotus pond are interpreted as a symbol language that wishes the heaven protects and maintains the wealth of the Juksan Park family who is the owner of Mongsimjae.

Pathophysiological Regulation of Vascular Smooth Muscle Cells by Prostaglandin F2α-dependent Activation of Phospholipase C-β3 (Prostaglandin F2α 의존적 phospholipase C-β3 활성화에 의한 혈관평활근세포의 병태생리 조절 연구)

  • Kang, Ki Ung;Oh, Jun Young;Lee, Yun Ha;Lee, Hye Sun;Jin, Seo Yeon;Bae, Sun Sik
    • Journal of Life Science
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    • v.28 no.12
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    • pp.1516-1522
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    • 2018
  • Atherosclerosis is an obstructive vessel disease mainly caused by chronic arterial inflammation to which the proliferation and migration of vascular smooth muscle cells (VSMCs) is the main pathological response. In the present study, the primary responsible inflammatory cytokine and its signaling pathway was investigated. The proliferation and migration of VSMCs was significantly enhanced by the prostaglandin $F_{2{\alpha}}$ ($PGF_{2{\alpha}}$), while neither was affected by tumor necrosis factor ${\alpha}$. Prostacyclin $I_2$ was seen to enhance the proliferation of VSMCs while simultaneously suppressing their migration. Both prostaglandin $D_2$ and prostaglandin $E_2$ significantly enhanced the migration of VSMCs, however, proliferation was not affected by either of them. The proliferation and migration of VSMCs stimulated by $PGF_{2{\alpha}}$ progressed in a dose-dependent manner; the $EC_{50}$ value of both proliferation and migration was $0.1{\mu}M$. VSMCs highly expressed the phospholipase isoform $C-{\beta}3$ ($PLC-{\beta}3$) while others such as $PLC-{\beta}1$, $PLC-{\beta}2$, and $PLC-{\beta}4$ were not expressed. Inhibition of the PLCs by U73122 completely blocked the $PGF_{2{\alpha}}$-induced migration of VSMCs, and, in addition, silencing $PLC-{\beta}3$ significantly diminished the $PGF_{2{\alpha}}$-induced proliferation and migration of VSMCs. Given these results, we suggest that $PGF_{2{\alpha}}$ plays a crucial role in the proliferation and migration of VSMCs, and activation of $PLC-{\beta}3$ could be involved in their $PGF_{2{\alpha}}$-dependent migration.

Numerical Analysis of Coupled Thermo-Hydro-Mechanical (THM) Behavior at Korean Reference Disposal System (KRS) Using TOUGH2-MP/FLAC3D Simulator (TOUGH2-MP/FLAC3D를 이용한 한국형 기준 처분시스템에서의 열-수리-역학적 복합거동 특성 평가)

  • Lee, Changsoo;Cho, Won-Jin;Lee, Jaewon;Kim, Geon Young
    • Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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    • v.17 no.2
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    • pp.183-202
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    • 2019
  • For design and performance assessment of a high-level radioactive waste (HLW) disposal system, it is necessary to understand the characteristics of coupled thermo-hydro-mechanical (THM) behavior. However, in previous studies for the Korean Reference HLW Disposal System (KRS), thermal analysis was performed to determine the spacing of disposal tunnels and interval of disposition holes without consideration of the coupled THM behavior. Therefore, in this study, TOUGH2-MP/FLAC3D is used to conduct THM modeling for performance assessment of the Korean Reference HLW Disposal System (KRS). The peak temperature remains below the temperature limit of $100^{\circ}C$ for the whole period. A rapid rise of temperature caused by decay heat occurs in the early years, and then temperature begins to decrease as decay heat from the waste decreases. The peak temperature at the bentonite buffer is around $96.2^{\circ}C$ after about 3 years, and peak temperature at the rockmass is $68.2^{\circ}C$ after about 17 years. Saturation of the bentonite block near the canister decreases in the early stage, because water evaporation occurs owing to temperature increase. Then, saturation of the bentonite buffer and backfill increases because of water intake from the rockmass, and bentonite buffer and backfill are fully saturated after about 266 years. The stress is calculated to investigate the effect of thermal stress and swelling pressure on the mechanical behavior of the rockmass. The calculated stress is compared to a spalling criterion and the Mohr-Coulumb criterion for investigation of potential failure. The stress at the rockmass remains below the spalling strength and Mohr-Coulumb criterion for the whole period. The methodology of using the TOUGH2-MP/FLAC3D simulator can be applied to predict the long-term behavior of the KRS under various conditions; these methods will be useful for the design and performance assessment of alternative concepts such as multi-layer and multi-canister concepts for geological spent fuel repositories.

Review on the Implementation Process and Achievement of ICH Safeguarding System (무형문화재 보호제도의 이행과정과 그 성과에 관한 검토)

  • Lee, Jae Phil
    • Korean Journal of Heritage: History & Science
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    • v.44 no.4
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    • pp.18-41
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    • 2011
  • The Safeguarding of Intangible Cultural Heritage in Korea has begun since1962 when the Cultural Properties Protection Act was established. Korean ICH Safeguarding system is initially derived from Cultural Properties Protection Act in Japan. Japan has started Important ICH Designation System in 1954 to concede the skills and artistic talents holders, thus it could implement the multilateral system management for adopting different ICH protection systems such as Important Intangible Folklore Properties, Selection and Preservation Techniques, and Documenting Records. However, Korea has solely adopted Important ICH Designation System since Cultural Properties Protection Act was introduced. Korean ICH Safeguarding System represented by the Certification System of ICH Skill Holders is to ensure skills and artistic holders who perform the elements of Intangible Cultural Heritage, and manage the safeguarding of intangible cultural heritage in order to let the skills and artistic holders instruct inheritors. As a result, it could build up the internal foundation for the diffusion of inheritors and established the related organizations. However, the inheritor-centered protection system has caused many problems as it is being lasted for more than fifty years. Fragmented designation measures, the cultural power of skill holders, and the research and evaluation methods have pointed out the difficulties of safeguarding and preservation measures of ICH. Moreover,the legitimacy of safeguarding system related in the authenticity of transmission in ICH has emerged to review the safeguarding system of ICH with diverse viewpoints. Therefore, this paper will review the implementation process and achievement of ICH safeguarding system to examine the problem and causes of the safeguarding system. The conference records of Cultural Property Association and articles of cultural properties policies directors, Cultural Property Association members, and professional experts are being used for the initial materials of this paper, and it is examined for the contents of designation system of Important Cultural Heritage, rather than overall cases. Thus such problems the limitation of expansion in ICH lists as inheritor-centered designation system, hierarchical and exclusive transmission system, inappropriate concept of archetype as the principle of ICH transmission are derived from the root of Important ICH designation system. Thus this paper demonstrates that this system must be revised for the expansion of ICH safeguarding system in Korea and points out multilateral protection system should be established as well as Certification System of Important ICH skill holders.

A taxonomic study of the genus Pseudostellaria in Korea (한국산 개별꽃속의 분류학적 연구)

  • JO, Hyun;KIM, Muyeol
    • Korean Journal of Plant Taxonomy
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    • v.49 no.2
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    • pp.145-178
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    • 2019
  • The genus Pseudostellaria (Caryophyllaceae) in Korea was investigated in order to clarify the taxonomic positions and scientific names among the species in this genus based on morphological characteristics. P. ${\times}$ bohyeonsanensis and P. ${\times}$ seoraksanensis share several characteristics (trichome on the sepal margin and midvein, five petals, and stem reclining to the ground after flowering) with P. davidii. P. ${\times}$ bohyeonsanensis, resulting from natural hybridization of P. davidii and P. okamotoi var. longipedicellata, has sterile fruit and a long pedicel (2.2-6.0 cm). P. ${\times}$ seoraksanensis, a natural hybrid of P. davidii and P. palibiniana var. palibiniana, has sterile fruit and a short pedicel (1.1-1.8 cm). P. okamotoi var. longipedicellata shares several characteristics (long pedicels of chasmogamic flowers that elongate to the ground when bearing fruit and cleistogamic flowers with a long pedicel) with the related taxa P. okamotoi var. okamotoi. P. okamotoi var. longipedicellata has slender root tubers, glabrous pedicels, and 5-9 petals. P. palibiniana var. gageodoensis is described from Gageodo Island. It is similar to P. palibiniana var. palibiniana having chasmogamic flowers at the stem terminal, 5-7 petals, and a short pedicel, but P. palibiniana var. gageodoensis is distinguished by 1-2 rows of trichomes on the pedicel, a large sepal size, a large petal size, and a branched stem at its base. P. ${\times}$ biseulsanensis, from a natural hybrid of P. heterophylla and P. okamotoi var. longipedicellata, has a solitary aerial stem, a chasmogamic flower at the stem terminal, a shallow marginate or bitten petal apex, one row of trichomes on the pedicel, and sterile fruit. P. ${\times}$ segeolsanensis, from a natural hybrid of P. palibiniana var. palibiniana and P. okamotoi var. okamotoi, is described from Segeolsan Mt. It has numerous aerial stems, a chasmogamic flower at the stem terminal, 1-2 rows of trichomes on the pedicel, and fertile fruit. Consequently, the genus Pseudostellaria in Korea has been classified into eight species, four hybrids, two varieties, and five forms.

A Study on the Landscape Planning and Landscape Architecture Construction Principles by the Type Outside Relics (발굴유적 외부공간의 유형별 경관계획 및 조경시공 원칙 연구)

  • Shin, Hyun-Sil
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.4
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    • pp.58-69
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    • 2018
  • The purpose of this study was to present specific standards for landscape planning and construction applicable to landscaping areas in various historical sites. The results are as follows: First, the types of historical sites are classified according to their preservation status and processing techniques, and the classification according to their status is divided into those that have been buried underground, such as those that have been exposed to the ground, such as buildings and structures, and those that have a reputation or a record of the sites. The classification according to the wartime processing technique was classified by such techniques as closures that isolate the site, penetration that can be seen on the site, and overlays where a separate protection facility is installed on the site. Second, the principles of landscape planning for display of historical sites are divided into the items that make up the historical site, surface treatment of the sites, tree planting, and installation of facilities. If the site is not a circular space, the area separating the space by different materials between the components is required. In the event that preservation of the historical site is required, it is deemed desirable to use the soil, and to do so, the use of grasses and shrubs is effectively considered to be effective. The introduction of plants and plants should be considered according to the nature of the space. Depending on the area and nature of the monument, the facility is required to take a cautious approach by reviewing its influence on the landscape and the additional excavation of the monument. Third, the readjustment method derived as a result of looking at the landscaping principle in the historical site space was classified as conservation of status, installation of protection facilities, burial, restoration, relocation, and reproduction. Preservation of the status quo is essential for limited landscape planning and should not affect the prototype of existing relics. The protection facility shall be installed where necessary to protect the relics, and when the soil is formed, the surface treatment shall be required to remove trees that could damage the site and prevent soil and soil oil from being lost after the site. The restoration shall establish a landscaping plan according to the circular preservation based on the clues to the circle. The transfer requires a landscaping plan to create an environment similar to the outer space of an existing site and should be able to highlight the value or location of the original site. The reenactment should have a landscaping plan to revive the landscape and atmosphere of the past for the now-defunct remains. Fourth, landscaping can simultaneously satisfy the preservation of excavation sites and the increase in exhibition effects. In order to protect the traces of the past and vitalize the site of the ruins today, specific measures are required, the creation of a park for historical sites that preserve the functions and value of the relics, and the formation of a shape of linked contents can be suggested as alternatives.