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학술논문주거환경2015.09 발행KCI 피인용 4

송전선로 설치의 갈등 및 소송의 특징 - 판례해석을 중심으로 -

The Conflict of Power Transmission Line Establishment and the Characteristics of Litigation against it - focused on the analysis of judicial precedents -

나년식(강원대학교 부동산학과); 장희순(강원대학교); 방경식(강원대학교 부동산학과)

13권 3호, 135~147쪽

초록

This study aimed to analyze legal precedents issued over the period between 1991 and 2014, identify the cause for occurrence of the dispute over power transmission line and identify its characteristics. The reality is that the construction of the power transmission line, which has recently become a social issue, has led to the more complicated aspect of the conflicts among the developer, the landowner, local residents, environmental organizations, local government and so on, and the conflict behavior has intensely grown. This conflict led to legal action, and there is a possibility that the social trend of 'legal action is all' may occur. As the high-pression power transmission line is the NIMBY facility but the fundamental infrastructure for human life, it is a very important task to coordinate interests between electricity supplier and consumer, and the landowner under the high-pression power transmission line and local residents in order to resolve its double nature. As a result of analysis of judicial precedents, the following suggestions were obtained ; required tremendous costs related to the NIMBY facility and the necessity of discussion over the propriety of the sharing of the costs; further aggravation of the dispute over the valuation of land under the power transmission line; the need to increase the underground installation of the power transmission line; the likely gradually increasing demand of compensation for damaged scenery and environment and mental harm. Accordingly, there is a need to take countermeasures for them in the future.

Abstract

This study aimed to analyze legal precedents issued over the period between 1991 and 2014, identify the cause for occurrence of the dispute over power transmission line and identify its characteristics. The reality is that the construction of the power transmission line, which has recently become a social issue, has led to the more complicated aspect of the conflicts among the developer, the landowner, local residents, environmental organizations, local government and so on, and the conflict behavior has intensely grown. This conflict led to legal action, and there is a possibility that the social trend of 'legal action is all' may occur. As the high-pression power transmission line is the NIMBY facility but the fundamental infrastructure for human life, it is a very important task to coordinate interests between electricity supplier and consumer, and the landowner under the high-pression power transmission line and local residents in order to resolve its double nature. As a result of analysis of judicial precedents, the following suggestions were obtained ; required tremendous costs related to the NIMBY facility and the necessity of discussion over the propriety of the sharing of the costs; further aggravation of the dispute over the valuation of land under the power transmission line; the need to increase the underground installation of the power transmission line; the likely gradually increasing demand of compensation for damaged scenery and environment and mental harm. Accordingly, there is a need to take countermeasures for them in the future.

발행기관:
한국주거환경학회
분류:
국제/지역개발

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송전선로 설치의 갈등 및 소송의 특징 - 판례해석을 중심으로 - | 주거환경 2015 | AskLaw | 애스크로 AI