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(영문) 서울중앙지방법원 2019.02.15 2017가합524618
손해배상(기)
Text

1. Plaintiff A, B, C, D, E, F, G, H, H, J, K, M, M, N,O, P, Q, Q, M, T, U, X, Y, Y, Z, AAB, AC, AC, AD, AE, AE, AF, AH, and AI.

Reasons

Basic Facts

The plaintiffs living in the area of the plaintiffs are those living or living in BH Dong, BI, BJ, etc. adjacent to the BG airfield operated by the defendant (hereinafter referred to as "BG airfield"), and the time of the plaintiffs' transfer is the same as the time of "the first transfer" in the attached Form 2 compensation statement.

The current state of BG airfield, noise-generating BG airfield is mainly trained by T50-B, F-5, and KT-1 among the combat aircraft currently in operation in the air force, and noise is generated due to low-air, line flight, etc., and noise is generated due to the field show show of BG airfield.

In particular, in the case of the BK Flight Group, the flight route and form are diverse, and at the same time, many representative combat aircraft flys, so the noise is the most serious damage factor.

The noise level of aircraft noise is very high, damage is extensive, and considering the characteristics of noise source, it is not easy to establish noise cost measures, radio route measures, and noise reduction measures.

In addition, as the type of engine, flight altitude, and flight pattern are different from private aircraft in the case of combat aircraft, noise damage actually experienced by residents is greater than private aircraft because noise level is very high.

Article 39(1) of the Noise and Vibration Control Act, Article 9(1) of the former Enforcement Decree of the Noise and Vibration Control Act (amended by Presidential Decree No. 28319, Sep. 19, 2017); “Where the Minister of Environment deems that aircraft noise in excess of the aircraft noise limit (referring to the area adjacent to an airport: 90welth (WEC) and other area: 75welth) seriously damages the living environment around the airport, he/she may request the head of the agency concerned to install soundproof facilities and take other measures necessary for preventing aircraft noise.” Article 5(1) of the Airport Noise and Vibration Control Act (hereinafter “Airport Noise Control Act”); Article 2(1) and (2) of the Enforcement Decree of the Airport Noise Control Act.

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