• Korea Real Estate Review
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• 제24권1호
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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.

• Korean Journal of Remote Sensing
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• 제38권6_3호
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• pp.1817-1826
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• 2022

After the hydrogen fluoride leak in Gumi in 2012, the government has been systemizing the disaster management system, such as responding to and managing chemical accidents. In particular, the Ministry of the Interior and Safety (MOIS) is in charge of evacuation of residents following chemical accidents based on the Framework Act on Management of Disaster and Safety. In this study, an application plan was presented to support and utilize the decision-making support for evacuation of residents after a chemical accident using the chemical accident investigation equipment of the National Disaster Management Research Institute (NDMI). In the equipment operation system for scientific information collection due to chemical accidents, the roles and purpose of use of long/short distance measurement equipment were presented according to regular and emergency situations. Using the data acquired through long/short distance measurement equipment, it can be used as basic data for resident evacuation decision-making by monitoring whether chemicals are detected in an emergency and managing data on detected substances by company in a regular situation. As a result of measuring chemical substances in order to verify on-site usability by equipment only for the regular operation system, it was confirmed that real-time detection of chemical substances is possible with long distance measuring equipment. In addition, it was confirmed that it was necessary to check the measurable distance and range of the equipment in the future. In the case of short distance measurement equipment, hydrocarbon-based substances were mainly detected, and it was confirmed that it was measured at a higher level in Ulsan-Mipo National Industrial Complex than in Onsan National Industrial Complex. It is expected that it can be used as basic data to support decision-making in the event of chemical accidents through continuous data construction in the future.

• KSCE Journal of Civil and Environmental Engineering Research
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• 제42권6호
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• pp.853-860
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• 2022

The purpose of this study is to suggest an improvement plan for the calculation method of the engineer standard wage rate (ESWR) and to compute a reasonable ESWR. To this end, an adequacy review of theESWR calculation criteria was conducted along with an extensive engineering industry survey. The survey results were analyzed using an effective response sample of 748 companies out of 1,000 survey samples extracted by stratifying the 5,879 survey population. The main results were as follows. ①When calculating the engineering service fee, the prime contractor's engineer wage is suitable for the ESWR. The ESWR can be estimated by the formula 'average wage÷[1-proportion of subcontract orders×(1-subcontract rate)].' ② The field survey showed that the number of monthly working days was 20.35-20.54 days at 99 % confidence interval, which was significantly different from the current standard (22 days). In addition, as a result of a legal review of the ESWR criteria, it was found that the number of working days should be calculated in accordance with the Labor Standards Act after 2022. ③ Applying government guidelines, the time difference between the wage survey and the ESWR application can be corrected by the past ESWR increase rate for a specific period. ④ Using modeling based on the analysis above, the current ESWR was 13.5-14.5 % lower than the appropriate level. A lower ESWR was driven by the non-reflection of subcontract structure (4.1 %), overestimation of monthly work days (6.8-7.8 %), and application of past wage (2.6 %). The proposed model is expected to be widely used in policy making, as it can provide a useful framework for calculating the standard wage rate in similar industries as well as calculating appropriate engineering fees.

• Journal of the Korean earth science society
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• 제43권1호
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• pp.41-59
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• 2022

In accordance with the enactment of 'the Paris Agreement' in 2015 and 'the Framework Act on Carbon Neutrality and Green Growth for Response to the Climate Crisis' in 2021, each local government has set appropriate reduction target of greenhouse gas to achieve the nationally determined contribution (NDC, the reduction target of 40% compared to 2018) of greenhouse gas (GHG) emissions in 2030. In this study, the current distribution of GHG emissions was analyzed in a time series centered on the Chungbuk region for the period from 1990 to 2018, with the aim of reducing GHG emissions in Chungbuk by 2030 based on the 2030 NDC and scenario. In addition, the prospected reduction by 2030 was estimated considering the projected emissions according to Busines As Usual in order to achieve the target reduction of GHG emissions. Our results showed that GHG emissions in Chungbuk and Korea have been increasing since 1990 owing to population and economic growth. GHG emissions in 2018 in Chungbuk were very low (3.9 %) relative to the national value. Moreover, emissions from fuel combustion, such as cement and lime production, manufacturing and construction industries, and transportation industries, were the main sources. Furthermore, the 2030 target of GHG emission reduction in Chungbuk was set at 40.2% relative to the 2018 value, in accordance with the 2030 NDC and 2050 carbon-zero national scenario. Therefore, when projected emissions were considered, the prospected reduction to achieve the target reduction of GHG emissions was estimated to be 46.8% relative to 2018. The above results highlight the importance of meeting the prospected reduction of GHG emissions through reduction means in each sector to achieve the national and local GHG reduction target. In addition, to achieve the 2030 NDC and 2050 carbon zero, the country and each local government, including Chungbuk, need to estimate projected emissions by year, determine reduction targets and prospect reductions every year, and prepare specific means to reduce GHG emissions.

• Journal of the Korean Society of Marine Environment & Safety
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• 제28권2호
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• pp.334-345
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• 2022

The Enforcement Decree of the Framework Act on the Management of Disasters and Safety Article 3-2 specifies two 'disaster management supervision agencies' for responding to shipping disasters. These are the Korea Coast Guard, which is an on-scene disaster-responding and coordinating agency, and the Ministry of Ocean and Fisheries, which is a government department, thereby leading to possibilities for confusion. In the case of shipping disasters, where a personnel entitled full power to deal with shipping disasters is designated and his/her powers and duties are clearly made, relationship of leading and supporting agencies is made clear, and command system is simplified, an efficient response to shipping disasters is made possible. In the management of shipping disasters, all the disaster management processes, that is, prevention-preparedness-response-recovery, should be dealt with systematically and consistently. Notably, to swiftly and efficiently cope with a disastrous situation, the decision-making and command system must be simplified. The establishment of a command system and decision-making must be made independently, based on expertise. In the US, irrespective of the type of disasters, the FEMA plays a leading role and the USCG responds a response to maritime disasters by establishing the Incident Command System or Unified Command System that is an incident management system. In the UK, the MCA supervises an event and responds to it, and the SOSREP has full power to work with command and coordination independently. SOSREP, among others, is necessary to prevent an inefficient dealing of a shipping disaster owing to confrontation between participants. With reference to such leading States' practice, the Korean government should make a standardized and simplified response to maritime disasters. This study deals with a new maritime disaster responding system and provides an idea of the revision of the existing legal regime.

• Journal of the Korean Institute of Landscape Architecture
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• 제50권5호
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• pp.40-53
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• 2022

This study carried out to provide the methodology and basic status material of using Korean national statistics needed to find the actual state of the landscape architecture industry. The landscape architecture industry was classified into 'Design', 'Construction Management', 'construction', 'Maintenance & Management', 'Materials', 'Research', 'Education', and 'Administration' areas. In each field, business types were systemized and associated in accordance with Korean standard industrial classification and legislations pertinent to construction. Among them, the business types directly defined in the construction related legislations under the Ministry of Land, Infrastructure and Transport were focused on, and the establishment, association, integration, distribution, duplication, and omission of national statistics were analyzed. As a result, the business types of statistical analysis were selected. In order for commonality of statistical items and minimized error of interpretation, semantic analysis was conducted. Finally, the number of registered business types, the number of workers, and sales were selected. Based on them, the analysis framework applicable to fundamental analysis and evaluation of the actual state of the industry was proposed. Actual national statical data were applied for analysis and evaluation. In 2019, the number of registered business types related to the landscape architecture industry was 12,160, the number of workers by business type was 106,296, and the sales by business type were 8,308.5 billion KRW. The number of registered business types and the number of workers had been on the rise from 2017, whereas the sales had been on the decrease. It is required to come up with a plan for industrial development. This study was conducted with the national statistics established by multiple public institutions, so that there are limitations in securing consistency and reliability. Therefore, it is necessary to establish systematic and consistent national statistics in accordance with 「Landscaping Promotion Act」. In the future, it will planned to research application and development plans of national statistics according to subjects including park and green.

• Proceedings of the Korea Technology Innovation Society Conference
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• 한국기술혁신학회 2015년도 춘계 학술대회 논문집
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• pp.545-570
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• 2015

Korea is among the ten countries with the largest R&D budget and the highest R&D investment-to-GDP ratio, yet the subject of security and protection of R&D results remains relatively unexplored in the country. Countries have implemented in their legal systems measures to properly protect cutting-edge industrial technologies that would adversely affect national security and economy if leaked to other countries. While Korea has a generally stable legal framework as provided in the Regulation on the National R&D Program Management (the "Regulation") and the Act on Industrial Technology Protection, many difficulties follow in practice when determining details on security management and obligations and setting standards in carrying out national R&D projects. This paper proposes to modify and improve security level classification standards in the Regulation. The Regulation provides a dual security level decision-making system for R&D projects: the security level can be determined either by researcher or by the central agency in charge of the project. Unification of such a dual system can avoid unnecessary confusions. To prevent a leakage, it is crucial that research projects be carried out in compliance with their assigned security levels and standards and results be effectively managed. The paper examines from a practitioner's perspective relevant legal provisions on leakage of confidential R&D projects, infringement, injunction, punishment, attempt and conspiracy, dual liability, duty of report to the National Intelligence Service (the "NIS") of security management process and other security issues arising from national R&D projects, and manual drafting in case of a breach. The paper recommends to train security and technological experts such as industrial security experts to properly amend laws on security level classification standards and relevant technological contents. A quarterly policy development committee must also be set up by the NIS in cooperation with relevant organizations. The committee shall provide a project management manual that provides step-by-step guidance for organizations that carry out national R&D projects as a preventive measure against possible leakage. In the short term, the NIS National Industrial Security Center's duties should be expanded to incorporate national R&D projects' security. In the long term, a security task force must be set up to protect, support and manage the projects whose responsibilities should include research, policy development, PR and training of security-related issues. Through these means, a social consensus must be reached on the need for protecting national R&D projects. The most efficient way to implement these measures is to facilitate security training programs and meetings that provide opportunities for communication among industrial security experts and researchers. Furthermore, the Regulation's security provisions must be examined and improved.