건축법상 일조권 보장에 관한 소고

Since 1980s, the cities have developed in Republic of Korea. Highbuildings have been expanded to multiplex houses in residence areas. People tried to make many houses in limited land. This caused the buildings to get higher. The conflicts over the right to enjoy of sunshine happened not only between high-buildings and single-houses but also apartments unintendedly. Recently, even the right to a view is being claimed. Namely, the problems on the separation distance and height limit of high-buildings are being made. Once the construction is completed, the violation of the right to enjoy sunshine could be irrevocable. And also, the infringement on environmental rights and the financial damages such as a fall drop in price of house could be brought about. Besides, the process of law suits might be made people waste their times. Therefore, the government should need to improve legal solutions not to be involved in the disputes. The present Building Law consider only the height limit for the right to enjoy sunshine. In reality, the separation distance and minimum distance for the right to enjoy sunshine in the winter solstice have to be taken into consideration. These factors are reflected in the Decree of Building Law, but the Presidential Decree must be based on Building Law. Furthermore, the cases of Supreme Court should be also considered. In this point of view, we should need to study on the Decree of Building Law and the cases of Supreme Court, and on standard of the time to enjoy sunshine.