일조보호를 위한 공법과 사법의 조화

The obstruction of light means the disadvantages arising from being blocked from a direct ray of light. If the degree of that interruption exceeds the generally accepted tolerance limits in light of social norms, then the obstruction of light can be viewed as an unlawful and harmful act as a matter of private law. Whether the act of blocking sunlight has gone beyond the generally acceptance limit from socially acceptable ideas or not shall be judged taking into consideration the totality of the circumstances including, but not limited to, the degree of the damages, the nature of the damaged benefit and the social assessment about it, the usage of the harming building, characteristics of the region, the relationship before and after the use of the land, the probability of prevention of harming and avoidance of the harm, whether the regulations under public law has been violated or not, and the progress of negotiation. And the unlawful obstruction of light has the nature of infringement upon not only property rights, but also personal rights to live in a healthy and pleasant environment. There are wide differences between the definition of the right to enjoy sunshine which has been shaped by Supreme Court and the building permitting criteria on enjoying sunshine prescribed at the present building permitting code. The difference between the two leads to what we call 'sunshine conflicts'. To cope with the above situation of sunshine conflicts, the above present criteria on building permitting code should be corrected according to the standard criteria on enjoying sunshine by Supreme Court.