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Study on infringement of solar reflected light and security of housing environment right

  • Public Land Law Review
  • Abbr : KPLLR
  • 2020, 90(), pp.47-69
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : May 1, 2020
  • Accepted : May 22, 2020
  • Published : May 25, 2020

KIM, NAM WOOK 1

1송원대학교

Accredited

ABSTRACT

Residential area is transformed into commercial area by urban planning based on urban development, and it is constructed and constructed with highly reflective full glass on the outer wall of a high-rise building to develop scientific building technology and aesthetic cityscape and natural landscape ing. Solar power systems are also increasing on buildings and land to reduce the effects of greenhouse gases and respond to climate change. Due to the strong reflection of sunlight from the entire glass of the building's outer walls and the solar panels, nearby homes could interfere with or damage daily living and violate the constitutionally guaranteed environmental rights of homes. , This is the reality that legal disputes testify, The Light Pollution Prevention Law has been enacted and enforced to prevent the pollution of the light environment due to excessive artificial lighting. In addition to the fact that there is no standard for building, there is no Building Standard Law and no restrictions on the reflectance of building exterior materials. Previous studies have focused on tolerance limits, claims for damages, and injunctions for infringement of the sun's reflected light. Therefore, the significance and legal nature of solar reflected light, the main status of the Korean solar reflected light infringement case, legislative examples for protection of foreign solar reflected light infringement, and the permissible limit are examined. In addition, the proposal to improve the legislation to secure the environmental rights of the housing, the filing of a lawsuit to revoke the building permit, and the issue of eligibility for plaintiffs must be guaranteed by considering the issue of the right to claim administrative intervention, by examining the constitutional rights of the housing environment. Of course, in a comfortable and healthy living space, human dignity and value are guaranteed and the right to pursue happiness is guaranteed.

Citation status

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