Plaintiff and 678 (Attorney Choi Ho-ho et al., Counsel for the plaintiff-appellant)

Korea

November 21, 2006

1. The defendant shall pay to the plaintiffs the amount corresponding to the sum set forth in the attached Form 2. The sum of the cited amounts, 5% per annum from March 28, 2006 to December 5, 2006, and 20% per annum from the next day to the day of full payment.

2. The plaintiffs' remaining claims are all dismissed.

3. 3/10 of the costs of lawsuit shall be borne by the Plaintiffs, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiffs 5% interest per annum from the day after the delivery of a copy of the complaint of this case to the day of the judgment, and 20% interest per annum from the next day to the day of full payment.

1. Basic facts

A. The plaintiffs' residential area

The plaintiffs are residing in the Taegu North-gu, Daegu-gu, Daegu-gu, the area surrounding the Daegu Air Force Airfield, and the Woodong-dong is located in the residential area and factory area. The date of the plaintiffs' transfer is as shown in attached Form 2.

(b) History, current status, and status of use of the Daegu Air Airfield;

(i)the history and status of the Daegu Airfield

The Daegu Airfield located in the Daegu Dong-dong-gu Do-dong was installed around 1969 in around 1969, and its area reaches approximately 1/3 of 67,474 square meters in Do-dong-dong-dong-dong. The Daegu Airfield has at least 100 combat engines, such as F-4D, F-4E, and has two runways, the length of which is approximately 2.8 km out to the hangar, the ammunition equipment and the direction of South and North.

Belgium The flight frequency and noise of the Daegu Airfield

㈎ 2004. 12. 28.부터 2005. 4. 30.까지 사이에 검단동에서의 주·석간 비행횟수를 조사한 결과 동계기간 1일 평균 비행횟수는 약 64회[주간(07:00~19:00) 58회(전투기 48회 + 민항기 10회) + 석간(19:00~22:00) 5회(전투기 5회 + 민항기 0회)]이고, 춘계기간 1일 평균 비행횟수는 약 73회[주간(07:00~19:00) 68회(전투기 57회 + 민항기 11회) + 석간(19:00~22:00) 3회(전투기 3회 + 민항기 0회)]이다. 비행은 전투기(그 중 주력기종인 팬텀기)의 비행훈련이 주된 것이고, 군수송기와 헬기 등이 비정기적으로 비행한다.

㈏ 위 비행장에서의 비행훈련은 주로 주중 평일 08:30 ～ 21:00 사이에 이뤄지고, 토요일, 일요일, 공휴일, 평일야간 및 기상악화시에는 없으며, 석간비행은 주 2~4회 정도 이뤄진다.

㈐ 대구비행장은 군용기(전투기, 정찰기, 수송기 및 헬리콥터)와 민간 항공기가 동시 운용되고 있는데, 전투기가 주된 소음원이다. 전투기소음은 요일별, 계절별 비행상황에 따라 소음도의 편차가 심하다는 특징이 있다.

【Aircraft Operation Engines

Aircraft noise depends on many changes in the noise level depending on the operating pattern. Unlike general aircraft, the combat aircraft has characteristics of frequently changing the operating pattern, and there are take-off, landing, transit, lines, and T&G(TUCH&GO) in the combat aircraft failure pattern. Most of T&Gs in the Daegu Airfield were taken off from the airfield runway. The combat aircraft of the Daegu Airfield mainly takes off from the south to the northwest (SUCH&G). The combat aircraft of the Daegu Airfield takes off mainly from the south to the northwest, and twice a week takes off from the northwest to the south.

The flights consisting of two combat aircrafts are 10 to 12 times a day. The flights are approaching the south direction of the runway and pass through the north-west direction by passing through the sloping airspace, and one combat aircraft among the two combat aircraft flying and approaching the south direction of the runway is going to the direction of the parallel from the Geum River airspace, and the rest of one combat aircraft is flying in the direction of the north-west direction.

(c) Aircraft noise;

(i)The characteristics of aircraft noise;

Aircraft noise is a shock that occurs in large amounts of air space due to metal high frequency, so the damaged area is far broad compared to other noise sources.

She aircraft noise standards

Article 42(1) of the Noise and Vibration Control Act and Article 10-2(1) of the Enforcement Decree of the same Act provide that “Where the Minister of Environment deems that the aircraft noise exceeds the aircraft noise limit (90 WECNL in the vicinity of an airport, and other areas: 80 WECNL in the vicinity of an airport), he may request the head of the administrative agency concerned to install soundproof facilities and take other necessary measures to prevent aircraft noise.” Article 10-2(2) of the Enforcement Decree of the same Act, Article 58-2 of the Enforcement Rule of the Aviation Act, Article 271 of the Enforcement Rule of the Aviation Act classifys the area adjacent to the airport and other areas as follows:

The noise levels (WECNL) at least 1-class 95 and less than 2-class 90 and less than 95 in the area damaged by the airport around the airport in the vicinity of the area adjacent to the air under the Regulation of the Noise and Vibration Control Act contained in the main text, and at least 75 and less than 80 in the area of the third-class and lower than 90 in the area of the noise damaged by the area of the noise damaged by the area.

D. Plaintiffs’ damage

(i)The noise level;

According to the result of the appraisal of noise damage by the appraiser in related cases, the noise level for the plaintiffs' residential areas due to the aircraft of Daegu Airfield is 90-94 WECNL.

Shebre damage caused by noise

When a person has been exposed to noise above a certain level for a long time, he/she suffers from mental suffering, such as chronic anxiety, degradation of concentration, frequent galquality, etc., and there is a lot of trouble in normal daily life, such as wheel interference, telephone conversations interference, television and radio interference, interference with reading, suspension of accident, interference with water surface, etc., and if it is serious, there is a possibility that physical disorder, such as dynasium or hys, may occur.

(e) Countermeasures against aircraft noise;

In general aircraft noise countermeasures, there are significant noise generation cost countermeasures, airport surrounding measures, introduction of low noise aircraft, improvement of takeoff and landing methods and procedures, restriction on night flight, etc. as a measure around airport, creation of buffer green belt, relocation support, support of house soundproof construction, support of TV reception interference measures, tour medical examination, etc. from around 195. The defendant shall check the engine of a combat engine from around 1995.

[Evidence] Facts without dispute, Gap evidence Nos. 1-13, Gap evidence No. 14-3, Gap evidence No. 15, the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

(a) Occurrence of liability for damages;

It is determined whether the noise level generated in relation to the use of the above airfield for public purposes, such as flight training, exceeds the tolerance limit of the plaintiffs who are neighboring residents, and whether there is a defect in the installation and management of the above airfield.

Due to the combat noise generated by the Daegu Airfield, the plaintiffs suffered physical and mental damage, and there were many difficulties in their daily lives, while the defendant is recognized to have not made any effort to prevent noise damage and compensate for damage, but it is inevitable to take combat aircraft flight training to suppress war in the divided reality. Therefore, the existence of the Daegu Airfield is highly public interest in the presence of the Daegu Airfield, and the WECNL is a noise unit appropriate for the large air route operated by the aircraft continuously and continuously for a certain period of time at night, unlike the large private airport, the Daegu Airfield has almost no night flights, and it is operated only on the day except Saturdays, Sundays and holidays, considering the above aircraft noise control standards, if the aircraft noise damage around the Daegu Airfield exceeds noise level of at least 85 WNL.

However, the facts that the plaintiffs reside in a noise level area of 90-94 WECNL are recognized as above. Thus, the defendant is responsible for compensating the plaintiffs for damages caused by aircraft noise from the date of the request period of Attached 2. The period from the date to the date of the completion date to the relevant date (the defendant asserts that the plaintiffs who attend a university reside in the university as well as the class period and reside in the area around the university, and thus the period of vacation should be excluded from the above damage period, but there is no evidence to support this, the above argument is without merit).

(b) Scope of damages;

(i)Criteria for calculation of damages

㈎ 위자료 인용기준금액

The amount of consolation money by residence of the plaintiffs shall be 45,000 won per month in consideration of the characteristics of combat machine noise, noise level, frequency of flight and main flight hours, damage to the above plaintiffs, place of residence, etc.

㈏ 인용개월

Attached 2. The plaintiffs had already resided in the place of residence recorded in the column of residence, such as the period of residence and the number of damaged months.

㈐ ‘위험에의 접근’ 감액

The defendant asserts that the amount of damages should be reduced for the plaintiffs who moved into the above area after October 1970 where the Daegu Airfield was installed.

There is no evidence to regard that the area around the Daegu Airfield was widely exposed to aircraft noise, etc. around October 1970 where the Daegu Airfield was installed. However, there is no dispute between the parties, or the fact that the noise damage in the shooting range and the surrounding airfield occurred frequently since around July 198, 198 that the residents around the Daegu Airfield filed several civil petitions due to noise in the shooting range. Since this fact was frequently reported by the media from around that time, the social problem of noise in the shooting range and surrounding airfield is recognized by the purport of the whole pleadings. Accordingly, according to the above facts acknowledged, it is reasonable to view that the area around the Daegu Airfield was widely known as the area where continuously exposed to aircraft noise in 1989.

Therefore, the plaintiffs, who moved around the Daegu Airfield after January 1, 1989, moved in without recognizing or not recognizing the noise damage of the Daegu Airfield, and in calculating the amount of damages, 30% of the damages as in accordance with the principle of equity, shall be reduced according to comparative negligence in accordance with the principle of equity.

(1) Where a cause for transfer is born, (2) It shall not be reduced if the cause for transfer is a minor who has the ability to perceive risks at the time of transfer or who has not been in the position to choose

C. Sub-committee

The data for calculating the amount of damages, such as the living area, dwelling period, timing of transfer, etc. of the plaintiffs and the method of calculating the amount of damages shall be as specified in attached Form 2.

Therefore, the defendant is obligated to pay to the plaintiffs the amount corresponding to the total sum of the above cited amounts as damages, and damages for delay at the rate of 5% per annum as stipulated in the Civil Act from March 28, 2006 to December 5, 2006, which is obvious from March 28, 2006 to December 5, 2006, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Conclusion

Therefore, each claim of the plaintiffs is justified within the above scope of recognition and it is so decided as per Disposition.

[Attachment 1 and 2]

Judges Kim Jong-ju (Presiding Judge)