공동주택 층간소음분쟁의 효과적 해결을 위한 법적 소고- 분쟁해결수단 검토를 중심으로 -

Abstract

It appears that disputes over the noise·vibration between residents of a multi family house, such as apartments, etc., resulting from the change in modern people’ lifestyle and the crowding of residential types, etc. are continuously increased. It is true that the pleasant and comfortable residential environments of residents have been already intruded into by various type of the living noises, specially the severe intrusion into a private life by the inter-floor noises occurred in a multi-family house which forms a residential community. Any dispute resolution means to protect effectively rights from such livingnoises, that is, the inter-floor noises which have no choice but to be inevitably occurred in a multi-family house, include various type of the relief of rights such as self-regulating dispute resolution using the rules on the management of multifamily house as said as the autonomous norms of a residential community; a penalty imposition under the Minor Offenses Act; the utilization of a mediation system in the Environmental Dispute Resolution Commission; and finally a claim for damages & a sustaining claim which are the civil relief process. However, in order to find a desirable solution plan about any inter-floor noise occurred in a multi-family house such apartments, etc., it is necessary first of all to avoid the transition of an inter-floor noise problem, which have no choice but to be occurred while a resident of a multi-family house leads a community life, to a legal dispute with which social expenses are accompanied and it is difficult to prove any damage facts. It shall be tried to resolve the inter-floor noise problem which are spreading recently to social problems by running parallel with both the cultivation of community spirit through the concession and consideration of multi-family housing residents and a governmental level of the multi-lateral interfloor noise countermeasure for the comfortable residential life of the multi-familyhousing residents so as to find a clue for the resolution of the inter-floor noise problem of a multi-family house which is going up to social complications.