생활방해에서 수인한도 적용에 관한 연구

A Study for the Application of the Endurance limit on Nuisance

Article 217 of Civil law is ban to nuisance in principle. It was devised to adjust for the problem of real estate used between neighboring in reasonably and covers ownership disturbance but also the resident’s right of pain avoidance in a daily life and interpreted to neighboring land and buildings, thus carving personal interest to live in decent conditions out of its applicaton. According to this have to duty of endurance for the any condition but if beyond that condition can do the claim of the appropriate action and ruled rated for determining the illegality. That is the basis judged for illegality and over the endurance limit is determined illegality on the nuisance and environmental violations, this judgment is based on the illegality. In other words, endurance limit means a limit that a rational man can endure while he leads a social life, which accepts illegality when an extent of infringement goes beyond the limit generally acceptable in leading a social life in respect with environmental pollution and nuisance. The court is to judge for endurance limit, whether it goes beyond endurence limit by comprehensively considering decided taking into account public utility of inflicting company, locality, the order of priority of land use, special circumstance of the inflicted, continuance of infliction, abservance of public regulating standard, evasion possibility of damge and measure of damage prevention of inflicting party. So judgment stages can be divided into 3 in applying, which is factor of preferential, factor of residual and factor of referential for endurence limit judged equip objectivity. This leads to a demand for more detail and objective standard for the endurance limit, adjusting established requisites for protecting nuisance. They are will help to ensure rationality and objectivity of the endurance limit.