환경권과 소음의 제(諸)문제: 층간소음․집회소음․선거운동 소음을 중심으로

Abstract

Noise has various impacts on human mental and physical well-being in daily life. Apart from potentially causing temporary or permanent hearing loss, noise also affects the circulatory, respiratory, and digestive systems. It can disrupt daily routines, leading to sleep disturbances, reduced work performance or learning difficulties, and emotional instability, including irritation, annoyance, and stress. In severe cases, noise may even result in headaches, stomach discomfort, and hearing impairment. The harmful effects of noise are amplified by its intensity, pitch, duration, and frequency of repetition. Article 35, Paragraph 1 of the Constitution stipulates that “All citizens have the right to live in a healthy and pleasant environment, and the state and the people shall strive to preserve the environment.” This provision guarantees the environmental rights of citizens and places an obligation on both the state and the people to work towards environmental preservation. Paragraph 2 of the same Article specifies that “the content and exercise of environmental rights shall be determined by law,” delegating the determination of the specific content of environmental rights to legislation. Consequently, various laws, such as the Basic Environmental Policy Act and the Noise and Vibration Control Act, have been enacted to address noise-related issues. Noise pollution exhibits distinct characteristics compared to other forms of environmental pollution caused by substance emissions. While substance-related pollution can have a global impact due to dispersion through water or the atmosphere, noise propagation is often localized due to its rapid dissipation. Additionally, whereas material pollution tends to accumulate and have long-lasting effects, noise possesses a transient nature, with its energy dissipating instantaneously as the source ceases. On the contrary, noise complaints are typically persistent rather than one-time events. Numerous societal challenges stem from noise-related issues, including neighbor noise complaints, noise disturbances at rallies and protests, and noise during election campaigns. Noise conflicts between neighbors have, in extreme cases, escalated to violence and criminal acts, including murder. In response to noise complaints, individuals sometimes resort to smoking in restrooms or employing bass-heavy woofer speakers as a form of retaliation, further intensifying the conflict. Moreover, local residents increasingly voice concerns about noise generated by rallies and campaign events. This paper undertakes an examination of constitutional environmental rights and the legal framework pertaining to noise-related matters. It assesses the current status of neighbor noise complaints and the criminal activities that may ensue as a result, while also exploring potential strategies for addressing such complaints. Additionally, this study delves into the legal complexities surrounding noise at rallies and during election campaigns.