아파트 공동주택의 소음분쟁에 대한 법률적 분석

Abstract

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.