| Title |
A Study of Conflicts Over the Modification of Cultural Property and Protective - Review Zone with the Cases of Administrative Appeals from 1997 to 2006 - |
| Authors |
Shim Han-Byul ; Park So-Hyun |
| Keywords |
Cultural Property ; Preservation ; Modification ; Protective Zone ; Review Zone ; Administrative Appeal ; Conflict |
| Abstract |
The purpose of this study is to grasp the origin of the conflicts between the institution for preservation and the motives of modification applications around the cultural properties, based on the analysis of the administrative appeal cases on designations and modifications of cultural property-protective-review zone. The data were collected from the web database of Korean Ministry of Government Legislation. Among 211 search results related to "cultural property", the 41 cases relevant to the subject of this study has been analysed. According to the analysis, the claim that modification deliberation decision was against equity is the common insistence besides the issues about the uncertainty of sanction criteria, excessive repression of private need and interest from the use of the space, and restriction on the use of the land. Overall, conflicts were due to the role of standard and its administrative procedures. In order to reduce the conflicts, this study suggests that the modification deliberation decision process is to be supplemented with the prior management plan including guidelines and the consultation proceedings. |