TITLE	Supreme Court Decision 2011Da91784 Decided September 24, 2015 ¡¼Affirmation of Non-existence of Obligation¡½ [full Text]
Summary
[1] Standard and considerations for determining whether the degree in disruption of daily life caused by road traffic noise exceeds the ¡°bearable limit¡± / Whether road traffic noise exceeds the ¡°bearable limit¡± should be determined more strictly in cases where the residence was taken up near national expressways already under operation or to be opened (affirmative) [2] Whether it can be determined that an act of infringement of unlawful nature exceeding the ¡°bearable limit¡± under the civil law occurred, solely based on road traffic noise going beyond the environmental noise standard (related to noise in roadside areas) prescribed under the Framework Act on Environmental Policy (negative) / In a lawsuit claiming disruption in daily life due to road traffic noise, whether apartment residents¡¯ everyday lives are being disrupted beyond the ¡°bearable limit¡± can be determined by measuring noise level in the living room while opening all the windows and doors in the direction of the noise source in order to see if it exceeds the environmental noise standard, etc. under the Framework Act aforementioned (affirmative in principle) [3] Whether the determination of the validity of a claim seeking prevention or cessation of daily life disruption caused by road traffic noise shall be based on the weighing and balancing between the benefits to be reaped by the claimant and the disadvantages to be borne by the other party and the third party (affirmative)

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