도로교통 소음으로 부터 쾌적한 주거권 보호를 위한 법적 고찰

A Legal study on Protecting Comfortable Residential Environment from Traffic Noise -Through the Case of 2008da9358,9365-

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.