국가의 환경책임과 배상책임에 대한 연구 －소음 관련 소송을 중심으로－

Abstract

The noise damages have not, so far, been noticed, nor have they been studied in detail until compartively recently. But as the public understanding about noise problem grows, people sued against their nation for noise damages. And finally in 2004, the Supreme court of Korea gave their decision in the case of Maehyang-ri fire-range suit. As the damage to the plaintiffs from the firing range is unbearable, the original judgment for compensation is justified because of the fault involved following the setup and management of the range, the court said. This judgement is based on a concept that a training flight of Air-force could be illegal in some cases. Most people realize that noise damages should be compensated, but What is not so widely understood, however, is that kind of approach could harm the system of our compensations for damages. So this article will examine the problems of noise suits and will also discuss a possible soultion to this kind of problems.