• Title/Summary/Keyword: Landscape-Architecture Dispute

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A Study on the Improvement of Defect Management through Judicial Precedents of Landscape Construction Defect (조경공사 하자판례 분석을 통한 하자처리 개선방안 연구)

  • Jung, Myeung-Muk;Lee, Sang-Suk
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.1
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    • pp.81-91
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    • 2012
  • The purpose of this study was to analyze judicial precedents related on landscape construction defects(JPLCD) and suggested the improvement plan for dealing with it. The results are as the following: 1. Landscape construction defects litigations have been increased so far since 2000 and the duration of original trial was approximately 603 days, while appeal trials took up to 550 days. Therefore, the analysis revealed that settlement of disputes were lengthy and wasteful to consumers and constructors. 2. Judgement's cost accepted by the judge was only 53.6% of appraisal's cost appraised by appraiser, therefore it revealed appraiser overestimated the repair cost of landscape construction defects. 3. According to work classification categorized by Landscape Construction Standard Specification(2008) of the Korean Institute of Landscape Architecture, landscape planting amounted to 75% of JPLCD and plaintiff(consumers)'s prevailing rate of it reached 77% to be a serious burden to constructors. 4. According to JPLCD categorized by the type of dispute, defects caused by consumer's negligence for maintenance amounted to 29% and defendant(constructors)'s prevailing rate of it reached 64% to be the main responsibility of consumers. Further study will be required to make the judge standard of landscape construction defects through legal and technical research.

An Analysis of Disputants' Environmental Conflict Frames Relating to Ohio Wetland Conversion Disputes (소택지 토지이용 변경에 관련된 분쟁론자의 환경 프레임 분석에 관 하여)

  • 이기철
    • Journal of the Korean Institute of Landscape Architecture
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    • v.21 no.4
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    • pp.1-14
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    • 1994
  • This study attempted to characterize conflict frames of environmental disputes by examining twelve actual wetland permitting cases in Ohio. The participants consisted of such interested parties as applicants, technical, legal or environmental consultants to applicants, U.S.Army Corps of Engineers, U.S.Environmental Protection Agency, U.S.Fish and Wildlife Service, Ohio Environmental Protection Agency, Ohio Department of Natural Resoures, local agencies, the environmental community, and citizens who have been involved of the permitting process. The purpose of this study is to provide empirical evidence of how different perceptual frames existed in the wetland conversion disputes, and to understand different environmental conflict frames that influenced disputants' perception relating to dispute resolution. The vehicles used to collect the necessary data were three survey instruments : Open-ended questionnaires, Likert-type questionnaires, and ranking questionnaires. Forty-three subjects were contacted for open fact-to-fact interviews, 53 subject for Kikert-type mail survey and 54 subjects for ranking instrument mail survey. Analyses of survey results revealed that six different types of frames were clearly identified from all the parties involved in Ohio wetland conversion disputes. It revealed that disputants had statistically significantly different levels of perception to the frames based on the participants' role (i.e. regulator, applicant, commentor), the number of involved parties in the process, processing time and the issuance of a permit. The findings also revealed that information sharing among disputants played a significant role in the process of froming and reframing. The alternative idea, building cooperation through negotiation, was proposed to provide new insight into the resolution of the dispute.

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A Study on the Type of Litigation through Analysis of Landscape Precedent (조경 판례분석을 통한 소송의 유형화 연구)

  • Park, Hyun-Bin;Kim, Dong-Pil;Moon, Ho-Kyung
    • Journal of the Korean Institute of Landscape Architecture
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    • v.48 no.4
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    • pp.8-18
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    • 2020
  • This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.

A Study on the Consciousness of Landscape Planting Practitioner about the Measurement Criteria of the Root Diameter of Landscape Trees in the Landscape Planting Construction, in Korea (우리나라 조경식재공사의 근원직경 측정기준에 대한 조경식재 실무자들의 의식)

  • Han, Yong-Hee;Min, Jong-Il;Kim, Do-Gyun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.49 no.2
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    • pp.27-40
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    • 2021
  • This study was carried out for the description of the conflicts on the measurement of the root collar diameter of the landscape trees that are currently being produced, distributed, and planted in S. Korea, and for determination of the standard for root collar diameter measurement. The difference in consciousness of appropriate measurement of root collar diameter among different ages of landscape practitioners was statistically significant at p<0.05 level. It seemed to be due to the difference in the amount of field experiences among different age groups. On "the ambiguity of measuring the root collar diameter' of landscape trees", the consciousness was significantly different at p<0.05 level among job positions. On "Improvement of measurement criteria for landscape trees," it was significantly different at p<0.05 level among job types. This was thought to be due to the disagreement between the client and the contractor. On "prevention of topsoil removal" when excavating landscape trees, the consciousness was significantly different at p<0.001 level among different age groups, and different at p<0.01 level among different occupations, and different at p<0.05 level among different working area. The consciousness on "removing top soil when excavating landscape trees and rooting after transplantation" was not significantly different. The consciousness on the conflict caused by "ambiguity in root collar diameter measurement criteria" was high with an average of 3.85 for job type, occupation, jop position, and work experience. It was higher for landscape contractors than public institutions. The higher job positions and more experiences, the more conflicts. The consciousness on the appropriate position of root collar diameter measurement for landscape trees revealed that measuring at above-ground part (66.5%) was prefered to the underground part (33.0%). During the excavation of landscape trees for transplant, topsoil removal up to average depth of -2cm to -4cm was favored by 84.0%, and the purpose of removing topsoil was recognized as 'to increase the size and unit cost' by 59.7%.

A Study on the Reasonable Measurement Point of Root Collar Diameter of Landscape Trees in Korea (한국 조경수목 근원직경 측정의 합리적 위치 설정에 대한 연구)

  • Han, Yong-Hee;Kim, Hwa-Jeong;Kim, Do-Gyun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.49 no.5
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    • pp.59-70
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    • 2021
  • This study was to investigate the measurement point of root collar diameter of landscape trees in Korea. It may contribute to avoiding disputes caused by the difference in measurement criteria of root collar diameter of landscape trees between tree growers and constructors. The difference between landscape trees' root collar diameter measurement point was 3.59cm from 6cm underground to the surface and 1.35cm from 0cm to 6cm above ground. The source root collar diameter measurement point difference was larger in the basement than in the ground. The standard deviation of the root collar diameter of the landscape tree was 0.64 from 6cm underground to the surface, and the difference in standard deviation from 0cm to 6cm above ground was 0.16. The difference by measurement point of the root collar diameter was larger in the basement than in the ground. It has been proposed to set the reasonable measurement point of the landscaping tree root collar diameter at the inflection point where the standard deviation of the tree trunk diameter is the smallest in line with the size change of the standard for each root collar diameter measurement point. By tree species, Cornus officinalis Siebold & Zucc. 18cm above the ground, Chionanthus retusus Lindl. & Paxton. 12cm above the ground, Zelkova serrata (Thunb.) Makino. 12cm above the ground, Celtis sinensis Pers. 12cm above the ground, Styrax japonicus Siebold & Zucc. 10 cm above the ground, Cornus officinalis Siebold & Zucc. 10cm above the ground, Acer palmatum Thunb. ex Murray. 6cm above the ground, Ilex rotunda Thunb. 6cm above the ground, Quercus myrsmaefolia Blume. 4cm above the ground, Lagerstroemia indica L. 2cm above the ground The above heights were shown as reasonable measurement points. The difference by landscape tree root collar diameter measurement site showed that the standard deviation was small throughout the tree species, and the reasonable average measurement point with a stable slope of the deviation was 12cm or more on average. It can be said that the reasonable measurement point of the root collar diameter of a landscape tree is set at an average of 12cm above the ground. However, recognizing 30cm, which is a familiar ruler(尺) in traditional practices, is quick, It was recommended to measure at the height of 30cm from the surface for a reasonable measurement point of the root collar diameter of a landscape tree, for the uniformity of measurement standards.

A Study on the Maintenance Plan of Trees in Gwanghalluwon Garden for Representing Traditional Space (전통공간 재현을 위한 광한루원의 수목정비방안 연구)

  • Lee, Won-Ho;Kim, Dong-Hyun;Kim, Jae-Ung;Ahn, Hye-In;Kim, Dae-Yeol;Cho, Un-Yeon
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.32 no.3
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    • pp.82-95
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    • 2014
  • This study aims to draw up measures to planting tree and maintain a landscape in traditional space. Preceding comprehensive theoretical consideration of selected species of trees and tree maintenance. And analysis of present condition of planting in cases of Gwanghalluwon Garden, then draw a maintenance plans of planting through species of trees and landscape of planting recorded in literature. The results were as follows. First, Analysis of selected species of trees and tree maintenance that traditional space. A dispute about the selection species of trees in traditional space has been continued until today. Because unconditional reject of foreign trees are limited. In this context, should be sublated that hasty blind faith of records and dichotomous preparation plans such as removal of foreign trees and implicitly planting of native plants. Secondly, Planted trees in Gwanghalluwon garden was investigated and found to the species of trees used in traditional space such as Pine(Pinus densiflora S. et Z.), Sawleaf Zelkova(Zelkova serrata), Ginkgo(Ginkgo biloba), Crape Myrtle(Lagerstroemia indica L.). But, present planting irrelevant to traditional space, except Gwanghallu pavilion area from the spatiality. Thirdly, A look at the records or literature that maintenance of planting through historical research are limited. Because literature was recorded Salix spp., Crape Myrtle, Bambusoideae(Pseudosasa japonica), lotus only among planted trees in Gwanghalluwon garden. Fourth, Gwanghallu zone have nature of history and sense of place. And It was going to restore the appearance on historical. Consequently maintenance plan of planting of Gwanghallu zone should be maintain the current state. Wanwol pavillion zone can be recognized as the original form because they look similar to the Gwangallu zone's buildings. Therefore, it is necessary to secure the sense of place different from Gwanghallu zone by buffer planting for composition of transition space. Wolmaejip zone and lawn zone was marketplace in outside of castle and large forest. Accordingly, this area should be symbolic restoration of the Yulrim(栗林) and representation of the marketplace in outside of castle through aggregation of facilities and administrative facilities in Gwanghalluwon garden. East lawn of the Wanwol pavilion zone is should be maintained the current state that opened place in terms of using thought linked with the Wanwol pavilion zone. Boundary zone of the Gwanghalluwon garden is difficult to associate in terms of historical research and authenticity. Therefore, application of cultural landscape that appeared in literature is be worth.

Study On the Geographic Locations of Gugoks and Dongcheons in Seoul, Gyeonggi-Do and Gangwon-Do (서울시·경기도·강원도지역 구곡·동천 위치연구)

  • Kang, Kee-Rae;Lee, Hae-Ju;Kim, Hee-Chae;Lee, Hyun-Chae;Kim, Dong-Phil
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.35 no.3
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    • pp.67-75
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    • 2017
  • The culture of Gugok (九曲) and Dongcheon (洞天), which tries to reach the ideological culmination in Confucianism, was widespread throughout the Joseon dynasty. This was an extension of the spirit of studying and honoring Zhu Xi (學朱子, 尊朱子); thereby, Confucian scholars in Joseon expressed the will to follow the teachings of Zhu Xi (朱子) and comforted themselves that they were in the course of attaining the truth. As a realization of this expression of will, scholars designated and operated various scenic sites as Gugoks, following the example of Zhu Xi's Mui Gugok (武夷九曲), and Dongcheons, as a representation of the utopia. These designations are widespread nationwide, with around sixty Gugok locations that have now been reported in academia. However, the actual number of Gugoks exceeds this number, and many of them are currently not identified concerning the exact locations. Therefore, the purpose of this study is to identify the locations of Gugoks and Dongcheons scattered around Seoul, Gyeonggi and Gangwon regions. For the coordinates of Gugoks and Dongcheons, this study referred to the literature, web search and the books published by local cultural institutes. Based on the collected information, the researchers conducted field trips to investigate whether the record exists as a real location and, if so, acquired their coordinates. This study also provides the tables of Gugok or Dongcheon that only exists in the imagination, existed before but now are lost, or are inaccessible. Eight locations in Seoul, Gyeonggi, and Gangwon regions are understood as Gugok. Among them, Gogun Gugok and Okgye Gugok have relatively clear locations and records. Byeokgye Gugok and Suhoe Gugok, on the other hand, has many locations and titles overlapped, and their established time and managers are unclear. As for Ui Gugok in Seoul, it is known to be set by Hong Yangho, but some parts of its locations are confirmed, others are in dispute, and many locations are damaged. Thirty-eight locations in Seoul, Gyeonggi, and Gangwon regions are understood as Dongcheon. There are sixteen Dongcheons in Seoul area. Among them, those including Dohwa Dongcheon, Yangsan Dongcheon, and Ssangnyu Dongcheon actually exist but are forbidden to be accessed. There are thirteen Dongcheons in Gyeonggi area. The exact location of Onsu Dongcheon cannot be confirmed because of the development; Gwirae Dongcheon has historical records, but the actual existence cannot be confirmed. There are nine Dongcheons in Gangwon area. The researcher judged that Hwaeum Dongcheon is the misspelled record of Hwaeumdong Jeongsaji (華陰洞精舍址), which is located at the upstream of Gogun Gugok.

A Study on the Plant Planning in Landscape Space Considering the Characteristics of the Gender Determination of Pine Tree (소나무 성 결정 요인의 특성을 고려한 조경공간 식재계획)

  • Lee, Chang-Hun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.38 no.1
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    • pp.45-52
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    • 2020
  • This study analyzed the components contained in the pine needles of first and second-year-olds to analyze the factors that the in vivo content of inorganic elements affects the sex determination of pine trees. In response, the plan for pine tree plant and maintenance was intended to be presented in consideration of the reproductive environment and physiological characteristics. The results are as follows. First, last year, when there were many encyclopedias, the analyzed N(%) content was found to be high. The nitrogen content of the previous year's soil was found to affect the production of the spheres the following year. This is believed to be possible to reduce the rate of Pine pollen produced in the new plant in the following year through a dispute over quality consumption in the spring of the previous year. Second, the weapons elements involved in the Pine cones and the generation of the Pine pollen in the new plant appeared to be P(%), K(%), Ca(%), and Fe(%). However, the nutrients from the previous year's leaves of Ca(%) and Fe(%) were found to have a low influence on the sex determination of first-year pine trees. Because Ca(%) and Fe(%) are not able to move nutrients accumulated in aging organs due to the nature of the components, feeding nutrients in the fall when the growth of the previous year's branches is reduced is expected to affect oral generation. Third, pine trees are extremely positive and Pine pollen is related to the time of the northeast wind. Therefore, it is believed that it would be good to be located in the northern direction, where the sunlight is good, in an outdoor space. In addition, it is important to use vaginal consumer products in spring and carry out a quarrel involving Mg and Fe during fall to reduce the effect of the Pine pollen, which is an outdoor plant. This is an important part of maintaining and managing pine trees in outdoor spaces as well as the sex determination of pine trees. This study suggested that plant planning, which derives the correlation between pine inorganic element content on sexual determination and takes into account the physiological characteristics of pine trees, is an important issue in the creation of outdoor space. Follow-up research on other factors affecting pine tree sex determination is expected.