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Landscape Standard on the Building Act and the CPTED Ordinance- Landscape Standards of Garbage Storage Space -
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건축법상 조경기준과 CPTED 조례의 충돌 - 쓰레기 보관공간의 조경기준을 중심으로 -

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Type
Academic journal
Author
김종환 (서울대학교 법학과 박사과정) 박미랑 (한남대학교)
Journal
한국셉테드학회 한국셉테드학회지 한국셉테드학회지 제8권 제1호 KCI Accredited Journals
Published
2017.1
Pages
109 - 127 (19page)

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Landscape Standard on the Building Act and the CPTED Ordinance- Landscape Standards of Garbage Storage Space -
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This study discusses conflicts between landscape standards and building ordinances regarding CPTED and reviews possible solutions. While there is no single act on CPTED, provisions on safety can be found in the Act on the Planning and Utilization of the National Land, the Framework Act on the National Land and the Building Act. As to the guidelines for urban planning, provisions regarding safety and CPTED are stipulated in the Guideline for the General Plan for the City⋅County and the Guideline for the General Plan for Urban⋅Housing Environment. Other local governments enacted ordinances stipulating the CPTEDrelated provisions. However, such CPTED-related laws are in the form of fragmented ordinances, often conflicting with other laws and regulations. A prime example is the landscape standards for garbage storage space under the Building Act. While the notified landscape standards recommend screen planting, the CPTED ordinances recommend an open space that allows natural surveillance. When conflicts among laws, rules, and/or regulations are found, it is necessary to review the values pursued by each law, rule, and/or regulation and determine which value should prevail. In our view, the CPTED standards should prevail over the landscape standards under the Building Act. It is necessary to solve the conflicts of the rules and regulations by realigning those on CPTED and the landscape issues as well as those directly or indirectly linked to safety.

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