日照權侵害에 관한 私法的 救濟

Abstract

Human beings can not but take an inborn interest in the environment as the demand for a comfortable life in order to have a normal daily life. A certain level of sunshine and view is required that has recently been emphasized in the urban life as this representative right to living environment. But with the phenomenon of high industrialization and urbanization the gravitation of the population towards cities and the phenomenon of high-rise and dense buildings have continued to cause the sunshine interruption problem to the human comfortable daily life. Especially, in case the great population is densely living in the narrow national land like Korea, the problem of the infringement of the right to enjoy sunshine can not but appear remarkable with the construction of high-rise buildings arising from efficient land use. The the legal problem of properly coordinating the clash from the claims of preserving the efficient use of national land as well as preserving the right to enjoy sunshine in accordance with the qualitative improvement of the living environment has thus far become problematic. In spite of the corresponding public-law restrictions, judicial relief for the infringement of the right to enjoy sunshine has in reality thus far poor. Accordingly, this study attempted to examine the problem of whether the infringement of the right to enjoy sunshine from the efficient use and adjustment of land can be acknowledged as the judicial relief and through what legal construction the damage of property and personality from its infringement can be relieved in such a case.