영조물로부터의 소음에 대한 법률문제 - 학교로부터 발생한 소음을 중심으로 -

In the past, the type of noise dispute, which has not yet been recognized, may lead to the so-called "right to not listen" controversy, but the noise dispute over the national and public elementary, middle and high schools, which are public facilities property, has been steadily problematic recently. In the case of Japan, the need for related investigations has already been raised due to the recognition that noise from schools can be a problem for other reasons, and the noise level of students in the schoolyard is up to 82db to 41db and up to 81db to 45db. In addition, there are related lower-level trial cases. Of course, it is different, but in Korea, there was also a ruling on a lawsuit for compensation for damages filed by neighboring residents who claimed to have been damaged by continuous noise from public sports facilities, which are public facilities property. In this paper, i tried to investigate noise disputes and issues related to schools, which were rarely discussed among disputes related to noise caused by various state-installed and managed facilities. Specifically, the following contents were included and examined. In other words, since various facilities to be installed and managed seem to correspond to public facilities under the National Compensation Act, in this study summarized the concepts related to this, examined the tendency of the court to judge in a noise lawsuit. In particular, since there is no domestic prior study on noise from schools, i analyzed and discussed related precedents in Japan.