항공기 소음의 법적 규제와 피해구제의 실례(實例) 검토

Amid the increasing or diversifying social atmosphere of civil complaints and legal disputes caused by noise, aircraft noise problems have emerged as a major social problem, particularly. Environmental disputes are continuing around residential areas around airports, and policies are in place to address aircraft noise problems by providing compensation to victims and the installation of soundproofing facilities at the government level. The Noise and Vibration Control Act stipulates aircraft noise as one clause, and the Act on the Prevention of Airport Noise and Support for Noise Control Areas is enacted along with the differentiation of existing aviation laws, as well as the provision of other laws. As for military aircraft, a law was recently enacted, along with residents near a military compound, after long legislative discussions. For aircraft noise, it is common to charge national reimbursement for defects in the installation and management of structures, and the theory of approach to risk has not yet been established. On whether maintenance claims, such as suspension of aircraft operations, can be made separately from national compensation, it appears necessary to discuss revisions to administrative litigation and further review them. In the case of Japan, it is noteworthy that the court allowed it as part of a maintenance claim as a form of administrative litigation, as it acknowledges a preventive ban suit.