眺望權에 관한 再檢討
A Study of the Prospect Right
윤의섭
초록
The right of prospect for the Han River is becoming a social issue lately. The prospect right means the right to take a view of fine scenery, such as mountain, river, the sea, park and golf course and a person whose prospect right has been violated by other's building of some structures can legally claim for the protection of the right. This prospect right is not put in statutory form, but is applicable in association with the prohibition of nuisance provided for in Article 217 of the Civil Law. All of fine scenery is not protected by the law, but to be legally protected, it should be objectively proved that the scenery has the value as benefit for living. The trespass of prospect worth legal protection, however, does not, however, constitute an illegal act until it has illegality, which is recognized only when the breach of prospect exceeds generally acceptable extent. The person who has been damaged by illegal violation of prospect can claim the offender for prevention or removal of disturbance as well as damages. The right of prospect for the Han River should be legally protected as a right worth protection.