造景美學 및 景觀 關聯 國內·外 法制度에 關한 考察

申益淳 호남대학교 1998 호남대학교 학술논문집 Vol.19 No.2

This study was conducted to grasp the present condition of the name and the related text of the domestic laws(36 statutes) in force which were connected with landscape aesthetics and view and the related foreign laws(38 statutes, 37 ordinances) were arranged in the name and the text. To make the text of the collected domestic and foreign laws a comparative analysis of the aesthetic and view concept as legal basis, the beauty of building, aesthetic view treatment, the related administration and systems by items, it was considered to the mutual relation with lots of laws which are scattered with the various laws and studied to how If set the many foreign countries on their laws connected with landscape aesthetics and view from the other departments and carry out the advanced sight works in landscape architectural point.

造景 關聯 國內 判例의 現況과 屬性에 관한 考察

申益淳 호남대학교 2000 호남대학교 학술논문집 Vol.21 No.2

This review was conducted to grasp the present condition of the domestic leading cases connected with landscape architecture by items and it's property. The sellected 65 leading cases consist of the 54 Supreme Court cases, the 8 High Court cases, the 2 District Court cases and the 1 Constitutional Court case. In 1973, the first case was delivered and they were slight untill 1990 during about 30 years since. But it was increased constantly to the 6 cases in 1992, the 8 cases in 1997 and the 13 cases in 1998 since the beginning of the 1990th resulted from the recognition of the significance of landscape aesthetics as the basis for judgment when the legal disputes. The largest number of the cases by items relating to landscape architecture is the 16(24.6% of totals) aesthetics and slight cases, and the 14 plant and planting cases, the 11 environmental conservation, each 5 facilities·leisure space planning·adminstration cases are in the order of frequency. Due to the contradiction between development and conservation which is the factors of the legal disputes, the landscape aesthetics, planting and environmental conservation cases are prevailed over. What the rate of taxation system cases among the plant and planting cases is the largest shows the general trend that the disputes for the economic profits in landscape architectural affairs are increasing actually.

외국의 조경관련 법제도의 비교분석과 한국에서의 조경기본법 제정을 위한 합리적 적용에 관한 연구

신익순 한국조경학회 1997 韓國造景學會誌 Vol.25 No.3

There is no special law of Landscape architecture in Korea. So, examining the concept from the legal basis of LA with the viewpoint of a natural scientist not a jurist, this study was conducted to grasp the present condition of the name and the related text of the foreign laws in force which were connected with LA.. And those foreign laws were arranged in the name and the text and classified by nations of regional groups and it was considered to the mutual relation with lots of laws which are scattered with the various laws. Current domestic regulations to the various fields of LA are assembled with the many related rules. The governmental organization conducting those business is nonexistent up to now and it is generally known to except the dept. of LA from the office organization in Korea. Being at a disadvantage as mentioned above, this study was progressed under the necessity of the scientific basis for the expected organic law of LA proposed to establish it by every field of LA. Though feels inconvenience if the study for the items itself of LA had been proceeded prior to the study of laws relating to LA throughout the study, such a extensive study will be a subject to be attempted constantly hereafter by all part of landscape architects. The contents of the study are as follows ; 1. The present condition of the foreign laws connected with LA 1. The proposal & analysis of the problems and the solutions to the domestic laws connected with LA 3. The proposal of the reasonable application pklan in order to establish the organic law for LA. Among the items relating to LA such as engineer, contract, planning, design and supervision, construction, maintenance, plant and planting, open space, facilities, aesthetics and sight, park, land use and development planning, urban and regional planning, leisure space planning, environmental conservation and ecology, structural engineering of construction, administration, right and penal regulations, the laws dealing with the matter relating to LA directly or indirectly are prescribed dispersedly in the many other related laws and it is concluded to be impossible for the independent law of LA is likely to be establish with not only selecting and arranging the matter having closed connections to LA directly but also being recognized as the systematic equipment of the LA business. It was to be analyzed the present condition of the collected foreign laws relating to LA. After pointing out the problems to the domestic related laws being at issue, the remedies for it were presented through the questionnaire of the landscape specialist in which the supporting opinions to the recognition to the problems and the solutions were come to a major portion. Three types of application such as applicable, non-applicable, applicable after examination were presented to decide whether or not the foreign related laws were applied to the domestic one. The result of analysis shows that 42 statutes and 9 ordinances are applicable, 4 statutes and 7 ordinances are non-applicable, 1 constitution, 81 statutes and 48 ordinances are applicable after examination.

長期未執行 都市公園의 問題點과 開發促進을 위한 法制度 改善에 관한 硏究 : A Case Study of KWANJU Metropolitan City 光州廣域市를 事例로

신익순 호남대학교 산업기술연구소 1996 산업기술연구논문집 Vol.3 No.-

都市內에 都市公園으로 지정고시는 되어 있으나 실제 公園으로 造成되어 있지 않고 長期間 방치되어 있는 長期未執行 都市公園의 現況을 광주광역시를 예로 들어 살펴보고 그 발생원인 및 대책을 분석해 보았으며, 都市公園開發時 設置基準 및 行政指針上 근거가 되는 關係法制度들을 검토하여 향후 執行時 발생할 問題點 해결에 指針이 될 수 있도록 提示하였다. Studying the present conditions and the cause of the occurrence of the long-dated incomplete urban parks which are designated and notified as the urban park but, not excuted to make actually, it is presented to the guide to solve the probable problems to construct the urban parks studying the related law system based on the setting up standards and the administrative actions in the development of the urban parks.

智異山國立公園 亞高山帶(細石, 老姑壇地區)의 環境毁損과 復元設計에 관한 硏究

申益淳 호남대학교 1994 호남대학교 학술논문집 Vol.15 No.-

Owing to not only conservation of natural resources but also the sustainable use restoration of a deteriorated subalpine ecosystem and a natural view must be settled without delay. And the purpose of this paper is to provide the restoration method consisting of the topographical stabilization, trail improvement and setting up a fence after site survey and analysis around Seseok villa and Nogodan peak where has a subalpine characteristic and shows the serious deterioration in Chirisan National Pa가. The contents of the studying are as follows ; (1) Research history about deterioration an restoration (2) Site survey and analysis (3) Schematic design for restoration (4) Restoration method by types (5) Construction cost analysis

조경 기본법 제정을 위한 기초 연구

신익순,구본학,변재상,Shin, Ick-Soon,Koo, Bon-Hak,Byeon, Jae-Sang 한국조경학회 2011 韓國造景學會誌 Vol.39 No.6

본 연구는 조경분야의 모법인 가칭 조경기본법의 필요성을 법적, 산업적, 학술적 등 다양한 차원에서 분석하고, 조경기본법이 가져야 할 적정한 법적 체계 및 입법 절차 등을 제시함으로써, 조경기본법 작성을 위한 기초 자료를 제공하고자 수행되었다. 본 연구를 통해 도출된 결과는 다음과 같이 요약할 수 있다. 첫째, 조경기본법의 기본방향을 설정해 보면, 그 필요성과 근거 및 타 기본법 관련 형식에 따라 이념형과 정책형을 혼합한 절충 형태가 가장 적절할 것으로 예상되며, 내용적으로는 선언적인 성격을 드러내기 위한 사항들을 제시하고, 법 제정 시의 고려사항으로서 조경의 현안들과 미래에 필요한 사항들을 항목화하여 제시하는 것이 바람직할 것이다. 둘째, 조경기본법 입법의 절차로서 가장 타당한 과정은 정부 발의의 입법보다는 의원 발의를 통한 진행이 보다 순조로울 것으로 예상된다. 즉, 의원발의를 통한 법률안의 제출과 법률안의 국회 상임위원회 의결을 통해, 정부이송과 기본법의 필요성을 각인시키는 과정이 꾸준히 진행되어야 할 것이며, 대통령의 국정수행 원칙과 부합하는 점을 강조함으로써 대통령의 거부권 행사를 제어하고, 이를 통해 최종 승인된 법률을 공포하는 과정이 가장 바람직한 입법 시나리오로 기대할 수 있다. 셋째, 형식적 내용적 방향을 토대로 조경기본법의 기본적인 틀을 제시하면, 총 7장 34조의 형태로 기본적인 시안의 틀을 제시할 수 있으며, 이는 조경관련 기본법들의 형식적 내용적 요건에 최대한 상충되지 않고, 부합할 수 있도록 의도한 것이다. 일반적인 기본법의 기능을 토대로 조경기본법이 가져야할 기능을 살펴보면, 국가정책의 방향 제시와 그 추진, 제도 정책의 체계화 및 종합화, 정책의 계속성 일관성 확보, 행정의 통제기능, 국민에 대한 정책메시지 발신기능, 지방분권의 추진기능과 같은 요건들이 필수적이다. 이상의 연구 결과는 조경기본법 제정의 필요성에 대하여 조경계 전체의 공감대를 형성하는데 기여할 수 있을 것이며, 나아가 타 분야에 조경기본법의 필요성을 알리는 계기가 될 것이다. This study analyzed the necessity of the tentatively-named "Framework Act on Landscape Architecture" as an umbrella law in the field of landscape architecture regarding legal, industrial, and academic aspects and is intended to provide basic data to suggest the optimal legal system and legislative proceedings to control it. This study can be summarized as follows: First, a form of framework act on landscape architecture is appropriate for a compromise between ideal type and political framework. Some content is suitable for proclamatory character including present and future issue related to the landscape architecture fields. Second, legislative proceedings are more reasonable as motions coming from assembly proposals rather than government. Motions by assembly proposal recommend the following procedure: submission of a legislative bill by an assemblyperson, passing of a permanent commission, review by government, leading approval by emphasis on correspondence with the principle to carry out government affairs, proclamation. Third, a frame based on content and form can be made up of a total of 7 chapters 34 articles. The function must include the following: the suggestion of direction for government policy, the systematization of the institution and what it includes, the control of government administration, a public service system regarding public relations for landscape architecture and so on. The results of this study will form a social consensus about the necessity of a framework act regarding landscape architecture fields and contribute to informing the importance of landscape architecture as related to other industrial fields.

造景과 關聯된 民法上의 內容에 關한 硏究

申益淳 湖南大學校 1996 호남대학교 학술논문집 Vol.17 No.2

The rightness to the establishment of the organic law for Landscape Architecture(LA) which is prepared for the establishment of the Construction organic law and the import of the foreign construction trade complying with UR is come to the front as public opinion of the various departments of LA. And the purpose of this paper is to extract and examine the contents related with LA from the texts of the Korean civil law which is the typical general law of the social science. The contents of the studying are as follows; (1) Relation between LA and the civil law (2) The contents connected with LA in the Korean civil law

國內ㆍ外 浩景植物 및 植栽 關聯 法制度의 分析 및 比較에 관한 硏究

申益淳 호남대학교 1997 호남대학교 학술논문집 Vol.18 No.4

This study was conducted to introduce the present condition of the domestic and foreign laws in force which were connected with landscape plants and planting and to make the text of the collected domestic and foreign laws a comparative analysis of the subject of landscape plant, rights relating to landscape plant and restriction of that rights, tree-planting regulations, relationship with other facilities and administration relating to landscape plant by items. And it was considered to the mutual relation with lots of laws which are scattered with the various laws and studied to how to set the many foreign countries on their laws connected with landscape plant and planting from the other department and carry out the advanced environmental works. The following study of this should be required to examine the points at issue of the related domestic laws and to propose the remedies for them with reference to the related foreign laws. The laws relating to landscape plant and planting are prescribed dispersedly in the many other related laws and it is concluded to be impossible for the legislation of the singular law which is applied uniformly to the department of the tree-planting. Hereafter it should be required to analyze concretely in detail the each text of the related laws by means of the joint studies between the professional landscape architects and the lawyers.

한국과 미국의 조경관련조례의 비교분석

신익순 한국조경학회 2000 韓國造景學會誌 Vol.28 No.5

The purpose of this study is to perform a comparative analysis on landscape ordinances between Korea and U.S.A to find out some useful implications for remedial devices on Korean landscape ordinances in terms of their legislation, contents, and operating procedure. The results of this study are as follows; 1) Technical issues addressed by the U.S.A landscape ordinances may be divided broadly into five items(landscaping, planting, facilities, land use, preservation and protection) and subdivided diversely by each item. 2) The thirty four landscape ordinances of U.S.A., collected for this study, were made up of the nineteen comprehensive landscape ordinances(56%), the nine tree ordinances(26%) and the six post construction landscape ordinances(18%) s a result classifying into three types(comprehensive, post-construction, and tree ordinances) of landscape ordinances. 3) The differences in the view of the legislation, contents and practical process in the Korea and the U.S.A. landscape ordinances were to be analyzed comparatively. 4) Whether or not of applying the thirty four landscape ordinances of U.S.A. to the domestic ordinances were reviewed, we found that the twenty eight cases are applicable after study(82%), the four cases are applicable(12%) and the two cases are not applicable(6%) to Korean system. The result of this study will be source materials for the application of the correct regulations in the field of domestic landscape ordinances providing the theoretical system for the legislation of the landscape ordinances which are characterized as the harmonization between the development and the conservation breaking from the existing uniform and the developmental landscape ordinances.

超高層 아파트가 都市 Skyline에 미치는 影響에 關한 硏究

申益淳 호남대학교 1992 호남대학교 학술논문집 Vol.13 No.-

The purpose of this is to examine the correlation between super-high rised apartment and urban skylines. With the contradiction of conservation and development, super-high rised apartment a new residential type was introduced to maximize the use of the insufficient land resources. And we are now faced with a problem of urban skylines influenced by super-high rised apartment. The contents of the study are as follows; (1) Definition of super-high rised apartment (2) Concept of skyline (3) Effect of skyline due to super-high rised apartment (4) Character of skyline of super-high rised apartment by type (5) Proposal of the discussion standard for the good skyline shaped by super-high rised apartment Hereafter, collecting and analyzing the user's evaluation to the skyline with the case study, the results are predicted to be adopted as the positive ristrict control in the process of the official discussion for the permit of skyline caused by super-high rised apartment.