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Journal of the Korean Institute of Illuminating and Electrical Installation Engineers

ISO Journal TitleJ Korean Inst. IIIum. Electr. Install. Eng.

  1. (Research Professor, Department of Electrical and Electronics Engineering, Kangwon National University)
  2. (Kangwon National University, BIT Medical Convergence Graduate Program, Ph.D course)
  3. (Professor, Department of Electrical and Electronics Engineering, Kangwon National University)



Light Pollution Prevention Act, Lighting Zones, Artificial Lighting

1. Purpose

In Korea, the “Act on Prevention of Light Pollution Due to Artificial Lighting”[1] (Light Pollution Prevention Act) was enacted on February 1, 2012 and has been enforced since March, 2013, in its efforts to reduce unnecessary light from outdoor lightings and to restrict excessive use of lightings in general. In addition to enforcing the Act, local government administrations are required to organize light pollution prevention committees and regularly perform environmental impact assessment on light pollution. Based on these assessments, lighting environmental management zones are designated, and in these zones, light emission standards must be complied with.

Enacting light pollution prevention laws on national level is globally very rare. As for Korea, not enough preliminary surveys nor measurements to fully grasp the situation were conducted prior to establishing the Act. Such inadequate groundwork has led to institutional, administrative, and technical problems to surface during the years following the enactment of the law. In this study, we focus on institutional and administrative problems, and their solutions. The technical aspect shall be dealt with in other studies.

In order to identify the problems, civil complaints and press releases were examined in depth, while expert opinions were analyzed through forums held with those involved in the field of light pollution. Through intense analysis of the expert opinions, international standards, and other countries’ light pollution standards and their management systems, we intend to propose practical institutional and administrative solutions to problems in Korea.

2. Civil Complaints, Press Releases, and Meeting Sessions with Experts to Identify Problems with Light Pollution Prevention Act

2.1 Civil Complaints

According to Ministry of Environment, the number of civil complaints filed at cities and provinces across the country had continued to increase over the years (Figure. 1). Especially in 2016, the number increased 2.5 fold from the previous year. By region, Seoul had the most complaints, followed by Gyeongi, Gyeongnam, Gangwon, and Gwangju. As for the type of damage incurred, “interfering with sleep” was most complained about at 48.3%, while “impairing agricultural and fishery activities” was second at 40.5%, followed by “discomfort to residential life” at 8.6%. A closer look into complaint types by region revealed that, in large metropolitan areas such as Seoul, Busan, and Daejeon, “interfering with sleep” was most common, while in other regions such as Gyeongi, Gyeongnam, and Sejong, it was “impairing agricultural and fishery activities”.[3]

Fig. 1. Status of Civil Complaints on Light Pollution in Korea and Seoul

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2.1.1 Analysis of Civil Complaints in Seoul[2]

Of all light pollution related civil complaints filed in Korea, on average, 32% were filed in Seoul (Figure. 1). In Korea, Seoul is most densely populated and has the highest economic power. And since its light pollution problem is most serious, our analysis was focused on Seoul.

The number of civil complaints on light pollution in Seoul has been steadily rising since its lighting environment management zones were designated on August 10, 2015. Especially in 2016, that number increased 68% from 1,216 in 2015 to 2,043 in 2016, and further increasing to 2,413 in 2017. Even though light pollution prevention laws are being enforced, because civil complaints in Seoul continues to increase, it is necessary to reassess current institutional problems with the law.

In Seoul, 6,779 cases had been filed for interfering with sleep, which represents 84.5% of all light pollution-related complaints. Such high rate is conceivable considering that Seoul mostly consists residential or commercial areas; the percentage of farms or green tracts is very low.

Table 1. Analysis of Light Pollution Civil Complaint Types by Year (Seoul)

(CASES)

Year

Sub Total

Sleep Interference

Discomfort in Residential Life

Glare

Other

Total

8.016

6,779 (84.5%)

777

387

73

2017

2,413

2,014 (83.5%)

217

177

5

2016

2,043

1,720 (84.2%)

163

111

49

2015

1,216

1,074 (88.3%)

75

62

5

2014

1,571

1,424 (90.7%)

136

4

7

2013

773

547 (70.8%)

186

33

7

Table 2 represents statistical analysis of lightings that were sources of civil complaints, by type and by year. Prior to light pollution prevention laws being implemented, the majority of complaints (78.7%) had been on public area lightings such as street and security lightings - of these, most were on security lightings. Before 2012, there had been no complaints on advertisement and decorative lightings except for 18 cases that were filed in 2012. However, it has been increasing significantly since 2013.

Table 2. Change in Light Pollution Complaint- Causing Lighting Fixtures by Year (Seoul)

Year

Sub Total

Public Area Lighting

Advertisement Lighting

Sign Boards

Decorative Lightings

Other

Total

8,016

6,309

(78.7%)

1,033

(12.8%)

154

(1.9%)

217

(2.7%)

303

(3.8%)

2017

2,413

1,792

(74.2%)

353

(14.6%)

53

75

140

2016

2,043

1,572

(77.0%)

260

(12.7%)

58

50

103

2015

1,216

928

(76.3%)

173

(14.2%)

33

39

43

2014

1,571

1,392

(88.6%)

123

(7.8%)

5

39

12

2013

773

625

(80.9%)

124

(16.0%)

5

14

5

Note: In the years 2009, 2011, and 2012, 100% of complaints were on public area lightings. In 2010, 98% were on public area lightings and 2 % on advertisement lightings.

Our investigation into how civil complaints in 2014 and 2015 were handled (Figure 2) has shown that installation of light shields was ordered the most, followed by replacement of globes or luminaires. Clearly, in resolving civil complaints and disputes, it resulted in additional costs of either installing light shields or replacing lighting fixtures. If such problems can be foreseen through preliminary review process prior to actual installation, waste of energy and administrative costs can be substantially reduced.

Fig. 2. Status of How Civil Complaints Were Handled (Seoul)

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2.1.2 Other Regions

Figure 3 below represents different types of civil complaints received at Gyonggi, Busan, Ulsan, Daejeon, Gyeongnam, and Sejong. The majority of Gyeonggi province territory consists farming areas (34.7%) and green tracts of land (25.2%). The percentage of residential, commercial, or industrial areas in Gyeonggi is lower than other urban areas. The number of light pollution-related civil complaints in the province was 593 in 2013 and 301 in 2014, but drastically increased to 852 in 2015. The main complaint was impeding crop growth due to road/street lightings (impairing agricultural and fishery activities). As for their corrective measures, installation of light shields was ordered the most at 81%.

Fig. 3. Breakdown of Types of Light Pollution Complaints(Cumulated Numbers) Filed at Gyeongi, Busan, Ulsan, Daejeon, Gyeongnam, and Sejong

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As a result of analyzing details of the complaints in Busan and Ulsan[5,6], it was found that most were direct damages incurred by the residents such as interference with sleep, discomfort, and glare. Such tendency is similar to Seoul in that complaints on damages to flora and fauna was minimal. Damages to crops was mostly complained about at Daejeon, Gyeongnam, and Sejong City[7,8], exhibiting characteristics of urban-rural integrated type cities.

Furthermore, the civil complaints on lightings not subject to light pollution prevention laws such as those at gas stations, religious facilities, and outdoor sport facilities, etc. steadily increased from 0 cases prior to the enactment of the Act to 46 cases in 2013 to 89 cases in 2014. It has become necessary to set standards and legal measures in place, in order to control light pollution created from those currently not subject to the law. One exemplary case in point is an ongoing legal dispute between Gwangju’s KIA baseball team and its neighboring apartment residents regarding possible light pollution caused by the lightings at KIA Champions Field Stadium[9]. Other cases involve Suwon residents filing a civil complaint on light from a church cross[10] and Incheon residents complaining about light from neon signs in Gum am-dong, Seo-gu[11]. In 2015, a bean and perilla seed farmer in Gyeonggi province filed an indemnification lawsuit, claiming that his crop production had reduced due to nighttime lightings at the neighboring railroad station. It was the first case in which indemnification for damages was granted by the Office of National Environmental Conflict Resolution Commission[12].

2.2 Light Pollution Experts’ Forum

Forums for the advancement of light pollution policies were held (July 2015 ~ October 2015) with various experts in the field. Problems with Light Pollution Prevention Act and improvement measures were discussed.

In all, 4 forums were held. Participants included 3~4 representatives from Ministry of Environment, 5~6 expert members of light pollution committee (professors and experts who took part in the enactment of the Act), and 3 members of our research team. Details of forums’ main issues are outlined in Table 3.

Table 3. Details of Major Issues Dealt with at Forums[13,14]

Forum

Issue

Main Contents of Discussion

1st

(Jul. 15, 2015)

Problems associated with Light Pollution Prevention Act and tasks for improvement

Post-management of lightings based on Light Emission Standards after the installation is very unreasonable.

Language of the Law; subjects of law application; designation of zones; duties of central and local governments; rationality of environmental impact assessment

2nd

(Aug. 11, 2015)

Consideration of administrative obligations of Ministry of Environment and local governments

Separation of duties between central and local administrations; imposing fines; budget support; establishment of official measuring institutions and system supplement; alternative measures to improve complexity of local governments' duties; review system; subjects applicable to law;

3rd

(Sep. 4, 2015)

Pre-management plan for light pollution-causing lighting fixtures

Review process and operation status of Seoul's Good Light Committee

Problems relating to law, system, and management of public area lightings; plans for preliminary reviewing system; ideas for amendment of the law;

Reviewing procedures and operation status of Good Light Committee; contents and preparation tips for review report; minutes from the meetings between the heads of 25 Gu's in Seoul;

4th

(Oct. 29, 2015)

Measures to improve technical aspects of Light Pollution Prevention Act

Technical aspects of the law; foreseeable problems in implementing the law (applicable subjects, crops, sky glow, measurement methods, flicker, light source color, etc.); technical improvements;

Problems were identified from the forums in following areas: ex-post operation of the law, addition and expansion of the subjects applicable to the law, designation of lighting environment management zones, environmental impact assessment, light pollution measurement standards, obligations and procedures of central and local governments, and technical problems with the law.

2.3 Problems Identified

1) Ex-post type of the law:

The current Light Pollution Prevention Act comprises of ex-post regulations. In other words, it is a type of law that either requires corrections to be made or imposes fines for the violations, after they had been discovered. In order to rectify such violations, additional costs would arise. Correction orders or imposing fines are administrative wastes. Such problem can be substantiated by our analysis of civil complaints and how they were handled; the number of civil complaints continued to rise even after the enactment of the Act, and post-management of lighting fixtures - such as obligation to install light shields or replace globes - still remains.

2) Problems in lighting environment management zones designation:

Law is enforceable only if lighting environment management zones are designated. Yet, only 3 of 17 regional administrations have made such designations.

Even if the zones had been designated by the city or the province, any light pollution occurring in the areas not designated as management zones, cannot be regulated legally.

3) Scope of the Law:

There was no civil complaints filed on lightings not subject to the law (gas station, sport facility, religious facility, light spilling from lightings inside the building, etc.) prior to the enactment of Light Pollution Prevention Act. However, the number of such cases appears to increase beginning in 2013. Moreover, 12.8% of all light pollution-related complaints received in Seoul involved advertisement lightings, yet, 90% of all advertisement lightings are report-only type and therefore are not subject to the regulations - only the remaining 10% that require permits are enforceable by law[15].

Based on present acceptable light emission standards, regulating light trespass is limited to public area lightings such as street lightings, security lightings, or park lightings, and is solely dependent on the measurements of vertical illuminance at residential windows. Therefore, at present, any glare or sky glow of public area lightings cannot be regulated, not to mention light trespass from advertisement lightings.

4) Other Problems:

In urban areas, interfering with sleep was most complained about. Conversely, in other areas with higher rate of farms and green tracts of land, majority of light pollution-related civil complaints were on damages to crops. Nevertheless, the law only regards damages incurred by the residents and does not yet provide any guidelines in consideration of possible damages inflicting on crops or livestock.

When civil complaint on light pollution is received, measurements and their analysis have to be carried out according to the official measuring standards. But although measurement methods for each lighting types are provided by the standard, it is practically impossible for regular government employees - without any expertise in lighting - to properly perform such tasks[13]. As for luminance measurement, not only is the task difficult, but also requires expensive equipment. For these reasons, many local governments are commissioning outside institutions for such measurements. However, different institutions have come up with different measurement results and therefore, the reliability of their measurements have become questionable.

3. Solutions to Administrative and Institutional Problems of Light Pollution Prevention Act

We propose the following as solutions to administrative and institutional problems of Light Pollution Prevention Act mentioned in section 3-4 above.

3.1 Solutions to Problems Associated with Ex-post Type Regulations

3.1.1 Legal Reflection:

We have examined and analyzed various methods, from Kanazawa’s ordinance to MLO’s BUG rating system as well as review process of Seoul’s Good Light Committee. Regulations presently being implemented on lighting installation are ex-post regulations, and therefore, in order to improve current system, we propose the following.

Preliminary review procedures, in part, can be additionally implemented, while maintaining existing system of ex-post regulations. The procedures and corrective measures involved in this proposed method - presented separately in design, installation, and post-installation stages - is schematically shown in Figure 4 below. Any person or persons wanting to install lightings in lighting environment management zones are permitted to request preliminary consultation with the heads of local administrations during the designing stage. Through review sessions by the local committee and based on design and calculation drawings, the head administrator examines whether the proposed lighting satisfies light emission standards, then notifies its decision to the applicant. The necessary procedural and methodical details involved in applying for preliminary consultation can be set through the decree proclaimed by the Ministry of Environment, while the legal grounds for preliminary review process must be established at the time the Act is amended.

Fig. 4. Procedures and Correct Measures of Preliminary review Method

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If such partial preliminary review system is adopted, there will have to be designers, and will eventually result in advancement of designing and construction, especially for high-level public area and decorative lighting products. In addition, even though preliminary reviewing process of advertisement lightings could be enforced with advertisement-related laws, due to difficulties in making technical decisions, more convenient assessment standards are necessary. For those lighting fixtures that become subject to preliminary reviews, not only would the light pollution be prevented even before they are installed, but it would also result in other positive qualitative effects since other aspects - such as presentation, aesthetics, energy waste, and costs of installation and maintenance - would be inclusively regulated[17].

3.1.2 Supplement Lighting Design Standards:

In pre-regulating lighting luminaires, it is necessary to have clear lighting design standards that can reflect existing pre-regulation systems, such as those complied with at manufacturing stages and the KS rating system.

Since most public area lighting installations are generally carried out in a similar manner, it would be best to implement pre-certification and pre-assignment of ratings on luminaires themselves. As for advertisement and decorative lightings, problems still may arise even if the installation processes had been pre-approved, and therefore, post-installation checking procedures are also necessary.

Supplement Operation Institutionally:

It is necessary to consider ways to institutionally provide legal grounds for the operation of local review committees. Seoul’s Good Light Committee is a good case in point[14]. Seoul, in order to pre-regulate light prevention, legislated an ordinance[18] on July 15, 2010, prior to the enactment of Light Pollution Prevention Act, and has been operating its review committee ever since. As of December, 2017, a total of 238 sessions were held by the committee and 1,663 cases of lighting installation projects had been reviewed[3]. Preliminary review should include satisfaction of lighting standards as well as possible presence of light pollution, and should be carried out before lighting projects’ final working drawings are completed.

3.2 Solutions to Problems Associated with Designation of Lighting Environment Management Zones

The current law requires designation of areas, affected or concerned to be affected by light pollution, as lighting environment management zones before they can be regulated. This step is very important. Regulations on lighting environment management zones of CIE, MLO, Korea, and Germany are summarized in Table 4. As for the United States, each State enforces its own light pollution prevention laws[19], as long as it does not conflict with the provisions of the US federal law. Meanwhile, in Kanazawa, Japan, its regions are managed in line with the image and environmental conditions the City desires to achieve [20].

Table 4. Comparison of Various Lighting Zone Regulations

Standards

Problems and Alternative Measures

CIE 150[21,22]

No guidelines available for overlaying areas near zone boundaries.

The revised CIE 150, amended in 2017, further separates E1 into E0 and E1, making what was initially 4zones(E1~E4) into 5zones(E0~E4).

MLO[23]

Separated into 5 zones (LZ0~LZ4)

If an area is affected by the light from a neighboring zone, the authority can order conditions required at lower lighting zone to be satisfied.(e.g. if a commercial area borders a residential area, hospital, or a public square, the authority may designate the area as either lighting zone 1 or lighting zone 2)

Korea[13]

Lighting environment management zones designated into 4 zones, based on "zoning" in land use.

Further division of the lighting environment management zones, with considerations given to current land use status of the region, is necessary; additional provisions to Light Pollution Prevention Act are also necessary.

Ger-many[24]

In case zone designation is indeterminate due to close proximity between pollution-causing lighting fixtures and residential areas, the average illuminance standards for the zone 1 level below the zone where the light pollution source is located, is applied.

Solutions for problems associated with lighting environment management zones are as follows.

(1) Light pollution can occur even in areas not designated as one of lighting environment management zones. However, such damages are not bound to legal obligations. Any amount of light that exceeds the acceptable light emission standards - even in non-designated zones - causes damages to the public all the same. Regardless of lighting zone designation status, light emission standards throughout the entire country has to be overseen and managed, while plans to designate and manage areas that sustained serious damages as special lighting environment management zones, have to be devised.

(2) At present, there are no guidelines on designation and operation of lighting environment management zones. Moreover, the standards with respect to the zone designation are not specific enough. There is a great concern that such ambiguous guidelines would lead to inconsistent and improper zone designations for different regions[13]. Therefore, it is necessary to make the standards more clear-cut by specifying the particulars such as procedures for carrying out environmental impact assessments and designating lighting environment management zones, criteria, and evaluation categories, etc.

3.3 Solutions to Problems with Subjects of Law

As it can be seen from Table 5 below, the standards used by both CIE and Germany to restrict light trespass are similar to the standards used in Korea in that they all rely on maximum value of vertical illumination on residential windows. However, they are in fact different from Korea’s Light Pollution Prevention Act in that, unlike Korea, they can restrict light trespass from ALL types of outdoor lightings.

Table 5. Comparison of Light Trespass Restriction Standards of CIE, Germany, and Korea

Standards

Subjects of Application

Regulation Criteria

Note

CIE[22]

All outdoor lightings

Maximum vertical illuminance in residential areas

Curfew specified

Pollution Prevention Commission of Germany[24]

All artificial lightings other than public lightings

Average luminance at residential windows restricted

Aggregate of colored lighting and flicker

Light Pollution Prevention Act of Korea[1]

Public area lightings (street, security, and park lightings)

Maximum vertical illuminance in residential areas

Curfew specified

Solutions to problems with subjects of law are as follows.

(1) Since civil complaints on lightings not subject to Light Pollution Prevention Act are on a rise, lightings from gas stations, sport facilities, and religious facilities should be included as those also subject to the law. In addition, lights-out period as well as flickering and color of light should be regulated[25].

(2) Currently, advertisement lightings subject to the law is limited to only those that require authorized permit. The scope of law application should be extended to also include report-only advertisement lightings. As for decorative lightings, only the fixtures at building structures over 2,000m2 in area or over 5 stories are currently subject to regulations. It is necessary to gradually expand the scope of subject so flaw, instages, to eventually include all building structures[26].

(3) As it can be seen from Figure 5, different types of luminaires regulated by light emission standards do not have 1:1 correlation with various types of light pollution. Presently, light trespass is applicable only to public area lightings, while there is no mode to restrict it for decorative and advertisement lightings. With respect to sky glow, no such regulatory standards even exists for any lighting types. The existing light emission standards need to be supplemented by appending regulation standards for sky glow, regulations on light trespass from decorative and advertisement lightings, and regulations on glare from public area lightings. Even though Ministry of Environment currently provides recommended standards on installation and management of outdoor lightings[27-30], such suggestions should be required to be complied with by law, rather than as mere standards.

Fig. 5. Availability of standards on various light pollutions for different types of lightings

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3.4 Solutions to Other Problems

There has been increase in civil complaints and disputes relating to damages to crops. Most had claimed that harvesting of their crops had been delayed due to spilled light from the lightings installed along nearby roads, or that their crop production had reduced. It was found that most civil complaints filed in regions other than large metropolises involved damages to crops. Since Ministry of Environment needs to ensure welfare for humans as well as other life forms, regulation standards for crops and livestock should be included in the acceptable light emission standards. Under the current law, any damages inflicted on eco-system cannot be deemed as violation of law, if there is no residential space. Such limit in legal principle is making it difficult to deal with complaints on crops, and therefore, the law needs to be supplemented.

In order to check compliance with light emission standards, it is necessary to designate authorized institutions for light pollution-related measurements. Designation of those institutions must be made only after first verifying that they are outfitted with necessary measuring equipment and have human resources with expertise to properly carry out the tasks.

4. Conclusion

In this study, through intense examination of light pollution-related standards and management methods of other countries and of Korea, civil complaint and legal dispute cases, press releases, and meeting sessions with experts, we have identified some of major problems that have surfaced during the application of current Act on Prevention of Light Pollution Due to Artificial Lighting. In addition, improvement measures to resolve those problems at hand were also presented.

Administrative and institutional problems in implementing the Light Pollution Prevention Act were identified in four major areas. Improvement measures include amending the current law or revising related regulations, and creating manuals containing specific guidelines. Details of improvement measures being proposed are given in Table 6 below. Technical problems (allowance standards, etc.) shall be dealt with in other research reports.

Table 6. Administrative, Institutional Problems of Light Pollution Prevention Act and Proposed Solutions

Current Status and Problems

Improvement Measures

Resulting Effects

Ex-post Type Regulations

․Corrections ordered or fines imposed for violating light emission standards.

․Creates unwarranted cost if correction is ordered after lightings had already been installed.

․Set up and implement preliminary review process to some extent.

․Supplement lighting design standards at manufacturing stage.

․Operate local light pollution review committees.

․Through technical evaluation, problems can be detected prior to actual installation of lightings.

․Would prevent waste of unwarranted administrative and financial costs arising from corrections or replacements ordered when violations are discovered.

․In addition to preventing light pollution, many aspects including presentation, aesthetics, energy conservation, installation cost, and maintenance cost can be regulated prior to installation.

Lighting Environment Management Zones Designation

․No manuals available for lighting environment zones designation; current standards not specific enough.

․Difficulties in designating boundary areas between adjoining lighting environment zones.

․Create detailed designation standards and manuals for lighting environment zones designation.

․Expand management of light emission standards to national level and designate areas with serious damages as special lighting environment management zones.

․Designation of lighting environment management zones, having established detailed standards, would be done in a consistent and proper manner.

․Would serve as the foundation to solve light pollution problem for the entire country of Korea.

Scope of Subjects of Law

․Increase in civil complaints on lightings not subject to regulations; light pollution prevention practically ineffective.

․Light trespass restriction in light emission standards applicable only to public area lightings(by vertical illuminance only).

․Increase subjects (gas station, sport facilities, religious structures, etc.) applicable to the law.

․Advertisement lightings: expand from permit-requiring lightings only to permit and reportable lightings.

․Decorative lightings: gradually expand in stages from over 2,000m2 in area or 5stories to all buildings.

․Would actually decrease light pollution.

․Expansion of subjects of law would resolve many civil complaints or legal disputes.

․Would have energy-saving effect for advertisement and decorative lightings.

Other

․No regulation found in light emission standards dealing with damages to crops.

․Official measuring standards difficult to carry out; various institutions are being commissioned for measurements.

․Establish management standards for crops and livestock.

․Appoint official institutions for measurements.

․Would prevent damages to crops due to light pollution.

․Reliability of measurements can be secured.

Acknowledgements

This study has been worked with the support of a research grant of Kangwon National University in 2018.

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Biography

Hyun-Ji Kim
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1994. 8 Yeungnam University, Dept. of Interior Environment Design, Master of Engineering.

2000. 6 Yeungnam University, Dept. of Housing study, Doctor of Science.

2004. 3~2009. 2 Visiting Professor, Yeungnam University.

2011. 1~ Research Professor, Kangwon National University.

Research Interests: Interior Lighting, Light pollution prevention methods.

Seong-Sik Yoo
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2014. 2 Master of Engineering, Kangwon National University, Dept. of Electrical and Electronic Engineering.

2014. 3~ Kangwon National University, BIT Medical Convergence Graduate Program, Ph.D course.

Research Interests: Road and Tunnel Lighting, Light Pollution.

Hoon Kim
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Hoon Kim was born in Deagu, Korea in 1958.

He received M.A. and Ph.D. degree in electrical engineering from Seoul National University in 1983 and 1988 respectively.

He joined the Department of Electrical and Electronic Engineering, Kangwon National University, Chuncheon, Korea, in 1988, where he is a Professor now.

His current research interests include the optical design of the luminaire reflectors and lenses, and the setting up of the lighting energy saving policy and light pollution policies.

He was President of KIIEE through 2016~2017.