도로교통 소음으로 부터 쾌적한 주거권 보호를 위한 법적 고찰

• 영문명: A Legal study on Protecting Comfortable Residential Environment from Traffic Noise -Through the Case of 2008da9358,9365-
• 발행기관: 한국주거환경학회
• 저자명: 하창효(Ha, Chang-Hyo)
• 간행물 정보: 『주거환경(한국주거환경학회논문집)』住居環境 제11권 제2호 (통권 제21호), 267~283쪽, 전체 16쪽
• 주제분류: 사회과학 > 지역개발
• 파일형태: PDF
• 발행일자: 2013.08.31

영문 초록

The right of living in comfortable residential Environment is the most essential thing in our social lives but the increasing traffic and roads threaten our comfortable lives. The right of living in comfortable residential environment in the constitution should be the concrete right to guarantee actually. So it should function as a rule for enacting and implementing the law. If any violation about the right occurs, the court should judge on the basis of Article 35 in the constitution. If applying for the construction permit fulfills the requirement of construction related law, administrative agency must admit the construction. Under the basic environment law, the acceptable limit of noise level of residential area is 65dB at daytime and 55dB at nighttime. The builder may apply for the permit at the standard of the rule and then get a permit, but afterwards according to development of the area, traffic would be so busy that lots of people suffer from the noise near the road. There some ways technically to reduce the noise, but anything can satisfy fully the standard of comfortable residential environment. In addition, The resident could file a lawsuit such as administrative litigation, constitutional petition and litigation for national reparation. Constructing complex apartment buildings needs a lot of money and then it couldn't get back to the beginning. On the other hand, The people living in noisy apartment buildings continually suffer from the noise of traffic. As to noise pollution, the best way to protect comfortable residential environment is take measures in the initial stages. So it would be better to set new standards for the noise level of residential area and then it must apply to the stage of establishing urban planning and issuing construction permit.

목차

Abstract

Ⅰ. 서론

Ⅱ. 대상판결의 내용

Ⅲ. 쾌적한 주거생활권 침해에 대한 구제

Ⅳ. 결론

참고문헌

키워드

쾌적한 주거권 거주지 소음의 허용한계 행정소송 헌법소원 the right of living comfortable residential Environment residential area the acceptable limit of noise level administrative litigation constitutional petiti