Earticle

초록

영어

Urbanization triggers not only securing of residental space but also demand that pursues life in comfortable living space. But high-rise and close-set buildings caused by the cityward tendency of the population bring out limit of sunshine amount and increasing of dispute of right to enjoy sunshine follows. Constitutional base of this right to enjoy sunshine protection can appear. But in contrast with other social fundamental rights, environmental right has limit to deduce of main agent of environmental right, so detailed parts of dispute of right to enjoy sunshine remain province of the judiciary. The judiciary resolves dispute connected with right to enjoy sunshine according to the limit of admission. Even though that the judiciary entirely makes decision the dispute of right to enjoy sunshine which comes into acute benefits and values is distance from present dispute resolution trend of settlement out of court , this is unavoidable phenomenon in the situation that theorization as specific and realistic right to enjoy sunshine does not completed. We should be conscious of the fact that definite fundamental rights about the right to enjoy sunshine and organization of the right related to enjoy sunshine are solution for reduction of social economic cost caused by the dispute right to enjoy sunshine.

목차

Ⅰ. 들어가며
 Ⅱ. 헌법상 환경권 개관
 Ⅲ. 일조권의 의의 및 내용
 Ⅳ. 일조권에 관한 판례동향
 Ⅴ. 일조권에 대한 헌법적 과제
 Ⅵ. 맺음말
 참고문헌
 Abstract

키워드

일조권 환경권 기본권 수인한도 주거공간 생활공간 Right to enjoy sunshine Environmental right Fundamental rights The limit of admission Residental space Living space

저자

• 문재태 [ Jae-Tae, Moon | 동국대학교 비교법문화연구원 선임연구원, 법학박사 ]

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