반려동물 층간소음(일명 층견소음) 해결을 위한 입법론적 연구

As the number of pet owners increases, the issue of ‘floor noise (floor + dog + noise)’ caused by pets is once again emerging as a new source of social conflict. Unlike the existing problem of floor noise caused by people, floor noise is not subject to legal regulations due to the barking, crying, and footsteps of pets, and is further deepening conflicts between neighbors. In addition, in the era of pets, pet noise is causing conflicts between neighbors, leading to fist fights and even weapons swinging. The problem of floor noise is even more problematic in that there is no way to regulate it. Under the current law, floor noise is regulated by the ‘Noise and Vibration Management Act.’ However, pet noise (aka floor noise) cannot be regulated as floor noise. Floor noise is not only a simple inconvenience in daily life, but also causes various social problems such as problems with the living environment, legal disputes, and mental health issues, so it is time for legislative measures to solve it. In establishing a plan for this, it is necessary to present clear standards and have a thorough discussion on the basis of the law and jurisdiction, but at a time when there is no alternative, I would like to make a proposal as a starting point and a welcome gift for discussion. First, the method of revising the regulations on noise and inter-floor noise as regulations under the ‘Noise and Vibration Control Act’ and the ‘Apartment Management Act’ to include inter-floor noise caused by companion animals; second, the method of regulating inter-floor noise (floor dog noise) caused by companion animals by stipulating inter-floor noise (floor dog noise) in Article 2’s definition provisions as regulations under the ‘Animal Protection Act’ and adding appropriate breeding and management regulations or new regulations under Article 9; third, the method of organizing jurisdiction according to laws since the government departments in charge of managing inter-floor noise are different for each law; fourth, the setting of clear standards; domestic standards should be revised and supplemented according to the inter-floor noise standards in accordance with the Rules on the Scope and Standards of Inter-Floor Noise in Apartment Complexes [Appendix], or various methods such as fines or penalties, restrictions on ownership, or seizure or confiscation that comprehensively consider the number of times, period, continuity, and measurement in decibels (db), etc., should be introduced based on overseas standards to suit domestic reality, but overseas standards should be introduced with warnings. The fifth is a method of introducing revisions and supplements by considering administrative sanctions, fines and penalties, restrictions on ownership or seizure or confiscation, and even detention, and the third is arbitration through a committee, which grants strong arbitration authority through the Central Apartment Management Dispute Mediation Committee of the Ministry of Land, Infrastructure and Transport, the Central Environmental Dispute Mediation and Damage Relief Committee of the Ministry of Environment, and the Local Environmental Dispute Mediation and Damage Relief Committee, to quickly, fairly, and efficiently resolve disputes and damage relief, thereby protecting the health and property of the people.