층간소음에 대한 사법적 고찰

This study examines the increasingly serious issue of inter-floor noise in South Korean multi-family housing from a judicial perspective. As high-density housing such as apartment complexes becomes more common, conflicts between residents due to everyday noise—particularly impact noise and airborne noise—have been rising, leading not only to psychological stress but also, in some cases, to violent crimes. Currently, inter-floor noise is primarily regulated by the 「Apartment Management Act」and the 「Noise and Vibration Control Act」. Although certain standards and measurement methods have been established, newer forms of noise—such as those caused by companion animals or machinery—remain outside the scope of legal regulation. Additionally, structural limitations such as the practical challenges of noise measurement and the lack of personnel at the Inter-Floor Noise Complaint Center make legal redress difficult for victims. This study examines legal remedies under the Civil Act, including claims for removal of interference, injunctive relief, and damages, while identifying the shortcomings of the current legal framework. In particular, it emphasizes the need for legal and institutional improvement in light of practical difficulties in noise measurement, burdens of proof, and existing legal gaps. A systematic response—including revised standards, expanded legal definitions to cover new forms of noise, and improved procedural systems—is essential to protect the rights of residents and mitigate communal conflict in multi-family dwellings.