상업지역 내 주거 일조권의 사전적 보호

In accordance with the change in land use conditions, new types of housing such as mixed-use apartments and residential officetels are emerging in commercial areas. A measure to protect the right to sunlight is needed to cope with such diversification of housing types. Since the right to sunlight is very difficult to restore once it has been violated and the infringement will continue on into the future, it is important to prevent violations of the right to sunlight in advance. Therefore, it can be said that the provisions related to a legal claim to an injunction and the right to sunlight in the Building Act are particularly meaningful for preventing infringement of the right to sunlight and accomplishing this. Within those provisions, the following matters can be considered in relation to the revision of legislation to protect the right to sunlight in commercial areas under the Building Act. First, the amended Building Act to protect the right to sunlight can reflect the explicit standards presented in the Acceptance Limit Theory. Second, it is necessary to prepare regulations for securing appropriate hours and amounts of sunlight in order to facilitate a practical guarantee of the right to sunlight. Third, even when the direction from the boundary of the site adjacent to the building is not in a northerly direction, it is still necessary to prepare regulations for protecting the right to sunlight.