토지소유권 보호를 위한 소형드론의 비행 규제에 관한 연구

Under current law, a landowner can exercise property rights to exclude interference and claim damages for trespassing on the land's surface boundaries. However, the issue arises whether the same standards apply to drones flying over the airspace above the land. In light of this, this study first examines the definition of drones, then identifies the current legal boundaries within which drones can freely fly, and considers the extent of airspace covered by land ownership rights to determine where these two ranges overlap. In addition, the study investigates whether landowners can bring legal action to prohibit drone flights or to seek damages depending on the manner of the flight over their property, and analyzes the criteria for the illegality of drone flights. In order to enhance convenience through the development of the drone industry, while protecting landowners, current legal regulations on drones are insufficient. A new regulatory approach, considering the environmental and technological changes specific to drone operations, is necessary. Finally, this study proposes alternatives for protecting land ownership from illegal drone flights through the establishment of designated drone routes via the enactment and revision of laws and local government ordinances.