| 아파트 공동주택의 소음분쟁에 대한 법률적 분석 |
| 임덕환 |
| 한림대학교 언어청각학부, 청각언어연구소 |
| Legal Aspects of Noise Disturbances in Residential Apartments |
| Dukhwan Lim |
| Division of Speech Pathology & Audiology, Audiology & Speech Pathology Research Institute, Hallym University, Chuncheon, Kore |
| Correspondence |
Dukhwan Lim ,Tel: (033) 248-2217, Fax: (02) 6280-9133, Email: dlim@hallym.ac.kr
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Received: November 20, 2010; Accepted: December 10, 2010. Published online: December 31, 2010. |
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| ABSTRACT |
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Noise disturbances in residential apartments have been one of the growing issues in recent domestic court cases with the ever increasing
number of apartment housing. In this study, the legal systems of both domestic and foreign laws were analyzed on the issue and
related exemplary domestic court cases were reviewed. In conclusion, the legal aspects of the current judgment system seemed to be
based mainly on the theory of illegal acts in civil law. In managing this environmental issue, the government agency also provided
the buffered stage leading to arrangement, mediation, or arbitration before the main court procedure. However, there should be improved
practical ways to fulfill the technological guidelines on the determination of noise level in disputed cases along with the
verification of the guidelines themselves. The future legal system should overcome the current limitation of the legal basis on illegal
acts in civil law and should include multidimensional approaches reflecting appropriate legal policies of the authorities and general
perception of the society on the issue. |
| Key Words:
Apartment housing·Environmental law·Legal dispute·Noise disturbances. |
| 중심단어:
법적분쟁· 소음공해· 아파트 공동주택· 환경법. |
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