earticle

영어

Population growth requires efficient use of lands, and damage to the right to enjoy sunshine or to the prospect becomes remarkable issues. Although the right to enjoy sunshine is not included in typical issues of environmental invasion, issues on it have a common characteristic as a kind of environmental invasion. In other words, damage to the right to enjoy sunshine is constant like environmental invasion behaviors, and it is possible to perform invasive behaviors even by legal exercise of rights of offenders. This is an example for explaining the right to enjoy sunshine: a resident of a north building who enjoys sunshine through the space of adjacent south land is invaded of his right on the sunshine when one who has the right to use the south land builds a building or other structures that screen the sunshine, and then the resident may claim his right to have certain amount of sunshine. Practically issues on damage to the right to enjoy sunshine should be secured through judicial redemption of rights, and therefore, Korean courts have presented relevant judicial precedents, though not plenty. In this study the author considered the legal structure of lawsuit for claim for damages and the criteria on unbearable pain, centering on judicial precedents.