Earticle

초록

영어

A housing is a comfortable dormitory in human living and a space of basic group in social organization. Recently, the inhabitants had concentrated at a metropolis according to development of society. Therefore, this phenomenon had caused to the increasing of requirement housing, the overpopulation of metropolis and the high-rising of structures. Under this circumstance, a right to enjoy sunshine became to social problems in company with pollution, traffic accidents, consumer protection, medical accidents.
According to a recently newspaper reports, a person trespassed prefer to lawsuits for liability reparation about trespassing right to enjoy sunshine.
Even, a murder case occurred to dispute trespass to right to enjoy sunshine in Seoul. And a owner of new structure murdered neighbours at the crack of dawn disputing about right to enjoy sunshine. Like this, Problems of right to enjoy sunshine became to emotional dispute beyond legal dispute and became to tragic matters in modern society. Therefore, It is required to recognition that the right to enjoy sunshine is a nation's inalienable fundamental right.
But Government Policy concentrate on supply of housing and the protection of right to environment and right to enjoy sunshine are passive situation.
Moreover, the Construction Law provide the right to enjoy sunshine but those provisions are not enough.
It is required to reconsolidation laws and systems to relating the right to enjoy sunshine for preventing this tragical accidents.
In our country, the environmental right is first provided the eighth revision constitution in 1980. the present constitution concretly provided in Article 35 as follows. Article 35 (1) All citizens shall have the right to a healthy and agreeable environment. The State and all citizens shall endeavor to protect the environment. (2) Substance of the right to environment shall be determined by Act. (3) The State shall endeavor to ensure comfortable housing for all citizens through housing development policies and the like.
It is not the direct provision for right to enjoy sunshine in constitution that in constitution. But constitutional scholars admit the right to enjoy sunshine authorizing the Article the tenth and the clause first of the thirty-seventh.
In Administrative Law, the Construction Law Article the fifty-third and the Enforcement Ordinance of the Construction Law Article the eighty-sixth directly provided right to enjoy sunshine.
In Civil Law, the Civil Act had not direct provisions about right to enjoy sunshine but scholars and supreme court find the authority on the adjacent relation provisions.
Nations distrust these provisions that not enough provisions. Therefore, I want to speculate the overall laws and systems relating to disputes about right to enjoy sunshine ande want to reestablish constitutional authority on right to enjoy sunshine.

목차

I. 문제의 제기
 Ⅱ. 일조권의 의의
  1. 일조권의 의의
  2. 일조권의 법적 근거와 성질
  3. 일조권 침해의 특질
  4. 일조권의 비교법적 고찰
  5. 일조권과 유사개념의 구분
 Ⅲ. 일조권의 공법적 체계와 판례
  1. 일조권의 공법적 체계
  2. 관련 판례
 Ⅳ. 일조권 침해의 공법적 보호방안
  1. 개설
  2. 공법적 보호방안
 Ⅴ. 결론
 참고문헌
 

키워드

저자

• 김강운 [ Kim, Kang-Woon | 원광대학교 법과대학 강의교수, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340