군항공기ㆍ군용비행장 관련 소음소송의 법리에 대한 검토

Abstract

It becomes a serious social problem in Korea, that lawsuits concerning noise from military aircraft and military airfields are rapidly increasing in the 2000s. With regard to this kind of damage lawsuit, the cumulative number of plaintiffs has reached about 1,150,000 people, the cumulative amount of claims about 7,473 billion won, and the cumulative amount of compensation about 3,823 billion won, since the judgment of the Supreme Court came out in 2004, which partially admitted noise damage of residents near the shooting range for military aircraft. In 1989, the Korean Ministry of Environment promoted the enactment of the Integrated law, which applies to all aircraft noise disputes, but the result was inconclusive due to lack of budget. The current Aviation Law of Korea has provisions for compensation of noise damage caused only by commercial aircraft in the international airport, and the provisions of compensation for noise damage, which was caused by military aircraft or military airfields do not exist in Korea. As a result, the noise problems of military aircraft or military airfields are solved by admitting the compensation of emotional distress by tort law only to residents of areas, where the noise exceeds the maximum permissible limit. In this paper, I examined the problems of the decisions of the Supreme Court concerning noise from military aircraft and military airfields and their jurisprudential defect, under the current compensationsystem limited only to the emotional distress by tort law. However, this solution will not be a fundamental solution of noise problems caused by military aircraft and military airfields, final settlement of this kind of noise problems is to give compensation by administrative law for the loss from that noise to the injured residents by establishing a new bill and securing the budget.