영국 법률상 생활방해의 적용과 한계

After the Industrial Revolution, the major cities have been formed and several problems caused by landfills located around the major cities, were occurred for several decades. majority of states have experienced these conficts and applied different resolutions to solve problems. In this article, it review these conflicts based on the perspective of tort laws, especially a statutory nuisance. Even though the common law theories of negligence, strict liability and absolute liability have been mainly applicable to seek the remedies of tortious behaviors, these might not be applicable into the issues of landfills. In addition, the problems caused by landfills strongly affected the environmental and health related disputes. Because the Enviromental issues and laws become complicated due to the technical difficulties, legal expenses and duration of process could be obstcles to access to court. Therefore, these disputes might be necessary to expedite to resolve through less expensive and efficienct methods. Based on urgent needs, the U.K. legisted the Environment Protection Act, 1990, including the concept of statutory nuisance to provide a summary procedure for the remedy targetting to protect the human health. Under the traditional civil confilct, the plaintiff should file to the court agrainst the defendant. But, under the statutory nuisance, the local authority who has a duty to prevent nuisance should serve abatement notice to the accused who might be prosecuted based on the criminal laws. Because it includes the appropriate local authorities as a third party, the victim might spend less expense and shorted duration of procedure, and build up better relationship between neighbors through indirect complaint way.