earticle

영어

Incidents of damage claims due to aircraft noise (including airfields and noises from surrounding areas), account for the highest percentage of environmental lawsuits in Korea, as the degree of damage is severe and has broad characteristics. Even though the very first lawsuits of the past were filed by residents around the Maehyang-ri Air Force Shooting Range area, residents of the affected region have been appealing about ceaseless damage. It is correct to resolve noise complaints from residents around airports with public law regulations. However, not only are those regulations insufficient, but the legislation that does regulate support for local residents affected by aircraft noise in principle excludes airports, which also serve as flight operators, from their scope of application. In particular, there is a limit to compensation for residents of areas affected by noises from military aircraft (including noises in the area from airfields, shooting ranges, etc.) Civil remedies for residents of areas affected by aircraft noise include injunctive relief and liability claims for damages. The prior remedy of injunctive relief has contents on preventing aircraft noise, but the attitude toward this is a very passive, perhaps due to concern about being ostracized over public concern related to whether or not a civil lawsuit can be filed. Accordingly, victims of aircraft noise violations have to file compensation claims for damages as an ex-post remedy. In practice, the existence of a problem due to noise, etc. from aircraft or military aircraft from take-off or landing, etc. is determined by whether or not the degree of damage from aircraft noise exceeds the acceptable limit according to social norms. Although precedents list various requirements to determine the extent to which damage is tolerable when there is an infringement of environmental rights, many problems have been raised regarding the criteria for determining this acceptable extent. In addition, since a short-term statute of limitation is applied to victims of aircraft noise infringement, the problem arises that victims cannot receive relief if noise infringement has exceeded three years. The purpose of this paper is to analyze and present solutions to civil claims of victims of aircraft noise for ① prior injunctive relief and ② compensation for damages as an ex-post remedy i) standards for determining each criterion for the extent to which damage is tolerable when there is an infringement of environmental rights, ii) the approach to risk that is considered when determining liability damages and the monetary amount of compensation and iii) problems of liability claims for damage that will arise in the future.