신축 건물로 인한 주거환경의 침해에 관한 사례연구 - 일조, 조망 및 사생활 침해를 중심으로 -

A Case Study of the Infringement of Residential Environment by the New Building - Focused on Sunshine, Views and Privacy Infringements -

In a modern society where many people live in a limited land area, it is inevitable to disturb the living environment of others. The civil law stipulates a life-protection ban and a certain obligation to accept living obstruction, but disputes caused by obstruction of life often lead to lawsuits. In this study, we will look at specific criteria for determining the illegality of living obstruction by studying cases surrounding encroachment on the residential environment. Through this process, we aim to broaden our perception of the illegality of living obstruction. The results of this study are as follows. First, unnecessary lawsuits related to living violations can be prevented in advance and referred to in determining the amount of damage to the residential environment. Second, the law should be amended to attempt to protect the right of sunlight by adding criteria for sunshine time or amount of sunlight. Third, in addition to the quasi-residential areas, regulations related to sunlight should be newly established in the quasi-industrial areas. Fourth, the issue of encroaching on the residential environment should be viewed not as a mere violation of property ownership, but as a matter of protecting the environmental rights guaranteed by the Constitution.