Earticle

초록

영어

In the judicial relief on environmental invasion, an illegality is an important element. The Judgement of an illegality in general settles the theory of the endurance limit. An illegality is to be against the endurance limit. As an illegality standard, we have to bear a certain level of environmental invasion each other in our communal living but for illegal environmental pollution above a certain level; it has been considered the endurance limit as a standard. This theory, attempt to determine when environmental invasion exceeds the endurance limit, taking into account all relevant circumstances, including as the extent of the harm involved, the character of the harm involved and social valuation thereof, the suitability of the conduct to the character of the locality, priority in utilization of land, practicability of preventing or avoiding the invasion, the matters relating to breach of public law, and so forth. Basically it balances all relevant interests, heavily relying on the fundamental concept of equity. Any judgment on whether environmental invasion exceeds the endurance limit should be conducted by balancing all relevant factors, such as the specific characteristic and types of interests violated against factors of nuisance.

목차

Ⅰ. 서 론
 Ⅱ. 위법성의 판단방법과 수인한도 법리의 발전
  1. 위법성 판단방법에 관한 검토
  2. 수인한도와 위법성의 관계
 Ⅲ. 수인한도의 구체적 판단요소 검토
  1. 수인한도 판단요소와 소송구조
  2. 구체적 판단요소
 Ⅳ. 결 언
 참 고 문 헌
 〈ABSTRACT〉

키워드

저자

• 김덕중 [ Kim, Deok-Jung | 원광대학교 법학전문대학원 조교수․ 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340