층간소음분쟁 해결을 위한 형사법적 접근

Abstract

Recently, the noise level between floors has become a serious social problem. The psychological and physical harm caused by the noise between floors and the violent crimes derived from it cause social conflicts. Inter-floor noise has various application problems, as well as dispute resolution and prevention. Therefore, there is a need for a policy and legislative alternative to actively intervene in floor noise through social consensus. The solution to the inter-level noise dispute requires non-judicial resolution, civil law resolution, and criminal law intervention as a last resort. The noise dispute between layers is inevitably accompanied by social cost, and it is desirable to resolve it through non-judicial means if possible. Non-judicial solutions, however, are skeptical in terms of effectiveness because of their arbitrary nature. If the noise between floors is difficult to resolve autonomously through agreement between residents, the mediation system of the Environmental Dispute Mediation Committee, which is a means of dispute settlement outside the trial, is used. Civil law resolution has largely the right to maintain and maintain the civil relations concerning the claim for damages pursuant to the illegal act of Article 750 of the Civil Act, the request for the prevention and removal of the interruption of the ownership of the Article 214 of the Act, and the loss of life of Article 217 of the Act. Receipt limits may be interpreted in criminal terms as meaning or need. However, despite the compensation for the noise between floors in civil law, there is a frequent occurrence of continuous noise between floors consistently with the emotional attitude. In this case, the civil law solution is limited. In addition, damages are vulnerable in that they are insignificant compared to the cost of collecting evidence for noise disputes. Criminal legal solutions should be applied as a last resort on the principle of supplementality. If the above non-judicial and civil jurisdictions are not solved, the criminal judiciary solution must be involved. Criminal law, which is a problem in case of inter-layer noise disputes, may constitute a constitutional requirement under the Minority Punishment Act. There is a need. In addition, it is necessary to strengthen the administrative punishment in case of violation by strengthening the noise-related regulation requirements of the Building Act, and introduce civil and punitive damage compensation system under civil law. Criminal law intervention may be justified if criminal offenses are committed against the offender. However, existing apartments can be placed in the blind spot of the law, so resolving them through national support can be a methodology. Criminal legal interventions should be actively reviewed as a last resort in line with the growing number of violent crimes such as murder crimes due to noise between floors.