眺望權의 成立與否

Abstract

The cases on the prospect right is becoming a social issue in Korea. The position of the lower courts are divided: some admit the concept of the prospect right, the others do not. The Supreme Court requires some conditions for the protection of prospect right. No Korea statutes mention the prospect right, the concept of which is still the subject of academic debates. Four theories try to justify the concept of the prospect right, none of which provides with satisfactory grounds. Those theories find the ground for the prospect right in the property right in the real property, person's right, environmental right, or business goodwill. In this article, I argue that the violation of the prospect right is the passive violation of the property right. However, the concept of the passive violation of the property right can be admitted only when construction laws have special provisions. Therefore, Korea has a very weak legal ground for the admission of the concept of the prospect right, which makes the concept of the prospect right premature in Korean courts.