소음은 우리 일상생활의 결과이면서도 청력손상, 수면장애, 불쾌감 등으로 생활환경을 악화시키는 요소이다. 소음에 대한 반응은 매우 주관적이며 다른 환경오염형태와는 달리 독이 되지는 않으며 피해가 축적되지는 않는다. 영국은 1800년대부터 소음에 관한 많은 판례가 축적되었고 불문법국가임에도 적지 않은 실정법을 통해 적절한 행정적ㆍ사법적 규제를 해 왔는바, 소음규제 및 소음피해구제에 있어서는 매우 선진적이다. 영국의 소음규제법규로는 환경보전법(EPA), 피해구제법(COPA), 소음법(NA), 소음ㆍ법정불법방해법(NSNA), 건물규정, 실행지침 등 수많은 법령이 있다. 생활소음에 대해 불만이 제기되면 지방행정기관이나 지역의회가 신속하게 소음배제통지를 하고 이를 준수하지 않으면 형사범죄가 됨은 물론 사적 불법방해를 넘어 공적 불법방해까지도 성립할 수 있다. 경범법원(magistrates’ court)에의 불복절차, 지역법원(district court) 등 각 심급법원에의 사법절차를 통하여 사전적ㆍ사후적 구제를 하고 있다. 영국소음규제법제의 법정불법방해(Statutory Noise Nuisance), 소음배제통지(Noise Abatement Notice)제도, 건축공사장소음에 대한 사전 동의제(Prior Consent), 건물규정(Building Regulations) 등에서의 집단주택의 이웃 및 층간 소음규제 등 세밀하게 다양한 형식의 규제를 하고 있으며 법원의 금지명령(Injunction)에 의한 피해의 최소화를 꾀하고 있다. 위와 같은 행정적 규제와 함께 보통법의 법정불법방해법제에 의한 영국의 소음피해배상방식은 아직도 행정적 구제보다는 사후적 민사구제에 의존하고 있는 우리의 소음규제법제에도 많은 시사를 주고 있다.

I have been concerned about noise problem for a long time, since I have so acute sense of hearing as to be sensitive to a slight noise. Sensitivity and subjectivity of individual are the distinctiveness relating to noise problems. This article concerns English noise regulation system and lots of noise related cases to introduce it in our country. UK has developed noise related case-law and regulative legislations since 1800’s. This article explores the method to deal with various aspects of noise disturbance in England. They approach noise problems by means of common law’s private nuisance and public nuisance. A public nuisance is both a tort and a criminal offence. For one example, the Attorney General may seek an injunction to prevent a public nuisance. They have main statutory provisions which relate to noise such as Control of Pollution Act 1974, Environmental Protection Act 1990, Noise and Statutory Nuisance Act 1993, Noise Act 1996 and etc. Section 80 of the EPA 1990 provides that an authority must serve an Abatement Notice on the person responsible when a statutory nuisance exists or likely to occur. I think those system stated above are available and useful to prevent adverse noise in advance in England. And they use the grant of planning permission to minimize the adverse effect of noise in the course of development. UK’s court has held a lot of decisions on noise problem according to the principles of common law. I introduced those decisions from time to time in this article to understand English mechanism of noise pollution problems. In conclusion, there are very desirable types of noise regulations such as Noise Abatement Notice, Statutory Noise Nuisance, Building Regulations concerning to neighbourhood noise problem and Prior Consent system at construction site in UK. They give us lots of learnable suggestions. I suggest to introduce such regulative legislations to heighten environmental quality of our life. I think that is one of shortcuts to achieve “the Green Growth” which is Korean government’s catch phrase.

I have been concerned about noise problem for a long time, since I have so acute sense of hearing as to be sensitive to a slight noise. Sensitivity and subjectivity of individual are the distinctiveness relating to noise problems. This article concerns English noise regulation system and lots of noise related cases to introduce it in our country. UK has developed noise related case-law and regulative legislations since 1800’s. This article explores the method to deal with various aspects of noise disturbance in England. They approach noise problems by means of common law’s private nuisance and public nuisance. A public nuisance is both a tort and a criminal offence. For one example, the Attorney General may seek an injunction to prevent a public nuisance. They have main statutory provisions which relate to noise such as Control of Pollution Act 1974, Environmental Protection Act 1990, Noise and Statutory Nuisance Act 1993, Noise Act 1996 and etc. Section 80 of the EPA 1990 provides that an authority must serve an Abatement Notice on the person responsible when a statutory nuisance exists or likely to occur. I think those system stated above are available and useful to prevent adverse noise in advance in England. And they use the grant of planning permission to minimize the adverse effect of noise in the course of development. UK’s court has held a lot of decisions on noise problem according to the principles of common law. I introduced those decisions from time to time in this article to understand English mechanism of noise pollution problems. In conclusion, there are very desirable types of noise regulations such as Noise Abatement Notice, Statutory Noise Nuisance, Building Regulations concerning to neighbourhood noise problem and Prior Consent system at construction site in UK. They give us lots of learnable suggestions. I suggest to introduce such regulative legislations to heighten environmental quality of our life. I think that is one of shortcuts to achieve “the Green Growth” which is Korean government’s catch phrase.

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Noise Regulation, the United Kingdom of Great Britain, EPA, Noise Act, Statutory Noise Nuisance, Noise Abatement Notice, Planning Permission