環境侵害에 있어서의 私法的 救濟 - 소음ㆍ진동피해를 중심으로 -

Abstract

The surrounding environment, the key element for man to lead a human life, can be divided into the natural environment and the artificially formed living environment. The natural environment is referred to as every ecosystem of nature including all the living organisms underground, on the surface(including the sea) and above ground and the non-biological things surrounding them, whereas the living environment means the artificial environment related to people’s daily life such as air, water, noise, vibration, odor, sunlight, waste product and the like. Because these environments are the indispensable element for man to lead a healthy and safe life, every people should be equally treated in using those environments. But in relation to the problem of invasion on the environment, the human inborn right in the process of industrialization and urbanization, the technologies for environmental protection have been developed and the legal measures have been reinforced and expanded for environmental invasion. Judicial relief, the general after-the-fact relief measure for this environmental invasion, has been first developed. Public-law regulations on precaution at the dimension of active and efficient regulation has tended to be reinforced. This study attempted to examine the problem of compensation for damages through conciliation and arbitration with a focus on the cases of judicial relief for such representative environmental invasion as damage from noise and vibration arising from the process of redevelopment and rebuilding for the improvement of residential life found in the process of urbanization for resolving the gravitation of the population toward cities.