All appeals are dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Even if a person moves to a noise-hazardous area around an airfield, if the existence of danger is recognized in light of various circumstances, such as the details and motive of moving to a dangerous area, and it can be deemed that the perpetrator has accessed the damage resulting therefrom, the perpetrator’s exemption from liability cannot be recognized;

(see, e.g., Supreme Court Decisions 2003Da49566, Jan. 27, 2005; 2007Da74560, Nov. 25, 2010). Such a legal doctrine likewise applies to military personnel or civilian employees belonging to the Air Force in cases of damage compensation due to aircraft noise damage in the vicinity of the Air Force Airfield, barring special circumstances.

On the other hand, comparative negligence or limitation of liability, which is committed in tort cases, set the amount of damages in line with the principle of fairness or good faith, taking into account the victim’s fault or limitation of such amount of damages. The existence and degree of comparative negligence or limitation of liability is determined reasonably to share the damages fairly, taking into account various circumstances, such as the content of the fact of the cause of liability at issue, the degree of the victim’s fault or negligence attributable to the perpetrator, the degree of the cause attributable to the

(2) On January 1, 1989, the court below calculated the consolation money for the plaintiffs and joint plaintiffs living in the vicinity of the above airfield and exposed noise exceeding the tolerance limit, taking into account (1) characteristics of aircraft noise, noise level caused by aircraft operated by the defendant's operation in the Daegu K-2 Air Force Airfield, frequency of flight and principal flight time, residential area and degree of damage, etc., and (2) on January 1, 1989, which is widely known that the surrounding area of the above airfield was continuously exposed to aircraft noise, the court below already transferred to an area above the noise level of 75 MPNL (WPNL) around the above airfield prior to January 1, 1989.