먼지 피해의 환경분쟁조정 사례 분석과 배상액 산정안 제언

Abstract

In this study, we analyzed 82 dust damage dispute mediation cases over the past 5 years and evaluated cases where the probability of damage was verified through dust concentration measurement, modeling prediction, and chemical composition analysis. The cause of dust damage was a construction site, which accounted for most of the damage (97%), and was closely related to the distance from the construction site, total floor area of the construction site, and construction duration. Compensation was decided in only 33% of dust damage cases, and in only 6% (five cases) were damages determined using scientific techniques such as dust measurement, and forecasting. The main criteria for determining compensation were whether administrative measures were taken and evidence of damage in the form of videos and photos. In the future, measuring or model for the amount of dust damage is necessary to determine whether the limit has been exceeded and to revise the standard for calculating compensation through various lines of evidence of dust damage.