전파간섭에 대한 방해의 민사상 방해제거청구에 관한 연구

This study focuses upon the way pf removing the disturbances caused by radio interference. Frequency spectrum has been reputated as public domain, or public things whici is exclusively to be reserved for the public law, not for the civil law. According to academic theories and practices, any property rights may not be recognized over the public things, so any civil action has been rare. ITU RR and ITU-R recommendation set up the criteria and technical specification for permissible interference whici is defined as observed or predicted interference which complies with quantitative interference and sharing criteria contained in these Regulations or in ITU-R Recommendations or in special agreements as provided for in these Regulations. The disturbances in violation of such interference criteria should not be to be removed in case of radio interference. However, the disturbances caused by harmful interference may be removed, which is defined as interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service operating in accordance with Radio Regulations. The cost-benefit analysis, however, has been recognjized as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against radio interference may not find suitable basis for making a good case. Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time.