일조권의 헌법상의 근거와 침해구제

• 영문명: Constitutional Authority on Right to Enjoy Sunshine as Fundamental Rights and Infringement Remedy
• 발행기관: 원광대학교 법학연구소
• 저자명: 김강운(Kim, Kang-Woon)
• 간행물 정보: 『원광법학』제23권 제1호, 225~256쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

A housing is a comfortable dormitory in human living and a space of basic group in social organization. Recently, the inhabitants had concentrated at a metropolis according to development of society. Therefore, this phenomenon had caused to the increasing of requirement housing, the overpopulation of metropolis and the high-rising of structures. Under this circumstance, a right to enjoy sunshine became to social problems in company with pollution, traffic accidents, consumer protection, medical accidents. According to a recently newspaper reports, a person trespassed prefer to lawsuits for liability reparation about trespassing right to enjoy sunshine. Even, a murder case occurred to dispute trespass to right to enjoy sunshine in Seoul. And a owner of new structure murdered neighbours at the crack of dawn disputing about right to enjoy sunshine. Like this, Problems of right to enjoy sunshine became to emotional dispute beyond legal dispute and became to tragic matters in modern society. Therefore, It is required to recognition that the right to enjoy sunshine is a nation's inalienable fundamental right. But Government Policy concentrate on supply of housing and the protection of right to environment and right to enjoy sunshine are passive situation. Moreover, the Construction Law provide the right to enjoy sunshine but those provisions are not enough. It is required to reconsolidation laws and systems to relating the right to enjoy sunshine for preventing this tragical accidents. In our country, the environmental right is first provided the eighth revision constitution in 1980. the present constitution concretly provided inArticle 35 as follows. Article 35 (1) All citizens shall have the right to a healthy and agreeable environment. The State and all citizens shall endeavor to protect the environment. (2) Substance of the right to environment shall be determined by Act. (3) The State shall endeavor to ensure comfortable housing for all citizens through housing development policies and the like. It is not the direct provision for right to enjoy sunshine in constitution that in constitution. But constitutional scholars admit the right to enjoy sunshine authorizing the Article the tenth and the clause first of the thirty-seventh. In Administrative Law, the Construction Law Article the fifty-third and the Enforcement Ordinance of the Construction Law Article the eighty-sixth directly provided right to enjoy sunshine. In Civil Law, the Civil Act had not direct provisions about right to enjoy sunshine but scholars and supreme court find the authority on the adjacent relation provisions. Nations distrust these provisions that not enough provisions. Therefore, I want to speculate the overall laws and systems relating to disputes about right to enjoy sunshine ande want to reestablish constitutional authority on right to enjoy sunshine.

목차

Ⅰ. 문제의 제기

Ⅱ. 일조권의 의의

Ⅲ. 일조권의 공법적 체계와 판례

Ⅳ. 일조권 침해의 공법적 보호방안

Ⅴ. 결론

참고문헌

Abstract

키워드

일조권 환경권 기본권 right to enjoy sunshine environmental right fundamental rights