1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The plaintiff asserts that the students of a private teaching institute operated by the plaintiff have decreased due to noise, vibration, dust, etc. generated at the construction site of the defendant, and the defendant is liable to compensate the plaintiff for damages in accordance with the Framework Act on Environmental Policy.

According to Articles 44 and 3 subparags. 1, 3, and 4 of the Framework Act on Environmental Policy, where environmental pollution caused by a workplace, etc., the pertinent business operator shall compensate for such damage even if there is no cause attributable to it, and such environmental pollution includes damage to human health or the environment due to noise and vibration (see, e.g., Supreme Court Decision 2006Da50338, Sept. 11, 2008). According to the overall purport of the statements and arguments in Articles 3, 4, 4, and 4 through 7, the Plaintiff operated Taekwondo Institute from around August 1, 2008, while the Plaintiff was authorized to implement a housing redevelopment development and improvement project for KRW 30, Busan Shipping Daegu, which is adjacent to the above private teaching institute on October 22, 2007. Accordingly, it is recognized that the Defendant commenced construction from May 14, 2012.

However, there is no assertion or proof as to whether or not noise and vibration corresponding to environmental pollution occurred in the Defendant’s construction process and what extent of noise and vibration occurred.

Therefore, the plaintiff's claim is dismissed as it is without merit, and it is so decided as per Disposition.