층간소음의 합리적 해결 방안에 관한 고찰: 조정과 관련한 한계 지점 및 그 해결 방안을 포함하여

초록

Inter-floor noise is one of the most frequent disputes in today's apartment communities, emerging as a complex social problem that can infringe upon the right to residential peace, the right to a healthy environment, and community trust. Considering the characteristics of Korea's housing culture, where apartments are the most common form of housing, inter-floor noise disputes have become a familiar occurrence. Recently, discussions have even focused on the government's role and responsibility in these disputes. The problem is that inter-floor noise disputes are expanding beyond simple neighborly disputes and into legal disputes involving assault, injury, murder, and arson. When victims of inter-floor noise seek to resolve their disputes through legal proceedings, such as filing a lawsuit, the average first-instance processing time is approximately two years, leading to procedural dissatisfaction and distrust of the judiciary. Given the current limitations in legal remedies for inter-floor noise disputes, the significance and necessity of this research lies in its potential as a procedural alternative that facilitates a substantive and social resolution of these disputes. Previous research on the inter-floor noise issue has focused on substantive legal perspectives and various specific theories. However, discussions addressing inter-floor noise from a mediation perspective have been less active. Therefore, this paper focuses on resolving inter-floor noise issues through mediation and other methods. The findings are summarized below. Regarding the limitations of the concept and scope of inter-floor noise and the discussion of possible solutions, first, it is necessary to consider revising the definition of noise in the Noise and Vibration Control Act from “human activity” to “human activity, etc.” However, such revisions will require a reasonable definition of “human activity, etc.” Second, in apartment complexes, the general perception of “inter-floor noise” is that it only applies to various types of noise between upper and lower floors. Therefore, it is necessary to consider renaming the term to encompass noise between residents, such as noise between walls. Regarding the structural limitations of apartment complexes and solutions, first, the “floor impact noise standard” may be considered as a point of contention between the applicant and respondent during mediation if inter-floor noise disputes escalate. Furthermore, it may serve as an important legal standard for determining i) the number of residents affected by inter-floor noise and ii) the amount of damages to be paid to residents who cause inter-floor noise in civil remedies such as damages claims and maintenance claims. Therefore, it is necessary to develop a detailed plan for the “floor impact noise standard” that can encompass the diversity of apartment complexes in inter-floor noise disputes. Second, inter-floor noise, such as floor impact noise and vibration, is dispersed through beams and columns in column-based structures, significantly reducing the likelihood of floor impact noise being transmitted to other units via these columns. Therefore, comprehensive consideration, including legislative considerations, is necessary for building multi-family housing units, such as apartments, with a column-based structure. Third, a broader framework should be considered, including the establishment of a mediation process for dispute resolution between parties involved, even for non-multi-family housing. Regarding the limitations of the inter-floor noise dispute resolution process from a professional and relevant perspective, first, the composition of the Gyeonggi Province Inter-Floor Noise Committee has been criticized for its irrationality in the appointment of ex officio members of the Election Commission and the reasons for their appointment. Therefore, the status of Election Commission members should be reconsidered. Second, among the mediators of the Central Apartment Management Dispute Mediation Committee and the Central Environmental Dispute Mediation Committee, there is a shortage of experts in technology, architecture, and acoustics, particularly in relation to inter-floor noise disputes and mediation. Therefore, it is necessary to secure experts in technology, architecture, and acoustics as mediation committee members for each multi-family housing unit, such as apartments, who can provide comprehensive expertise in inter-floor noise measurement, including inter-floor noise measurement tools and methods. Third, in the relationship between mediators and respondents in inter-floor noise disputes, the level of mediation skills and influence of mediators play a critical role in the agreement rate between the complainant and the respondent. Therefore, a rationally designed intensive training program on “negotiation skills, techniques, and methodology,” including mediation, is necessary. Regarding the potential for privacy violations during inter-floor noise measurement and measures to overcome them, the Inter-Floor Noise Neighbor Center should develop reasonable methods for handling personal information, such as voice data, when measuring noise in the living and private lives of the complainant, especially in cases where the complainant clearly disagrees. Disciplinary measures should also be established from a privacy perspective. Second, when the Inter-Floor Noise Neighborhood Center measures noise, including voice data, from opposing households, it would be reasonable to separate the data into internal analysis and external use. Third, if the Inter-Floor Noise Neighborhood Center conducts long-term recording and monitoring of opposing households, there is a risk that it could lead to surveillance of their daily lives and potential human rights violations. Therefore, measures to overcome these limitations are necessary. Regarding the discussion of ways to overcome the ineffectiveness and lack of publicity of the Dispute Mediation Committee, first, it is necessary to consider a plan that would allow parties in an inter-floor noise dispute to directly file a request for mediation with the Central Apartment Complex Dispute Mediation Committee or the Central Environmental Dispute Mediation Committee, without going through primary institutions such as the Inter-Floor Noise Management Committee or various measures taken by management entities, if they agree. Second, it is reasonable to develop and continuously improve intensive activation and publicity measures for both the Central Apartment Complex Dispute Mediation Committee and the Central Environmental Dispute Mediation Committee.

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