일조권분쟁의 공법적 해결을 위한 연구

Abstract

The neighborhood, put on a damage by infringement in right of daylight could be remedied by civil law means such as claim for damages and provisional seize of construction, but these civil law remedies came short from complete remedy for prevention or compensation of infringement in right of daylight. This brought studies in public law means to remedy such infringement in right of daylight which includes such as creation of claims such as action for cancelation of construction permission, claim for issuance of correction order, claim for removal order, and action for cancelation of use approval. Meantime under the current construction law, when a building, an apartment for example, is being built, it is required to secure the reasonable daylight hours for the other building in the same site. However, it is not required to secure the reasonable daylight hours for the other building in the other site. But disputes regarding the right of daylight occurs when a building is being built in the other site. Disputes regarding the right of daylight may be prevented and decreased if the Construction Law provides that it is necessary to secure reasonable daylight hours for the neighborhood in the other site when a building is being built. I expect that construction law has will be amended so as to secure the reasonable daylight hours for the neighborhood in the other site.