경관이익의 사법적 보호를 위한 법리 검토-일본의 「토모노우라(鞆の浦) 매립허가금지청구사건」을 소재로-

This thesis examined legal principles for protection of landscape interest of civil law based on Tomonoura Case in Japan. Recently, §217 Korean Civil Code(KCC) is overanalyzed as logical basis for protection of landscape interest in Korea, therefore, it is understood as regulation of protection of livelihood interest. On a basis of this regulation, it is strongly argued that prohibition claim right is also possible. I analyzed the process of development and legal principles of precedent for protection of landscape interest that is developed in Japan, and suggest drawback about research results in Korea as below. First, nevertheless it extends §217 KCC to regulate for protection of livelihood interest, because it is nothing more than what has a character as landowners’ individual protection interest, basically it occurs the results that cannot reflect the essence of landscape interest carrying public benefit and public interest character. Second, §217 KCC is the provision that regulates utility interest among adjacent individual landowners. Notwithstanding that, if §217 KCC embrace landscape interest based on collective region, it occurs the results that contain heterogeneous elements. Therefore, it needs to complement the interpretation about §217 KCC that can be considered with the public and collective interest in character together, even it is interpreted as regulation for protection of private livelihood interest. Because if we do not consider the individual private interest with public and collective essence of landscape interest, it cannot determine the protective scope of landscape interest.