공동주택 층간소음 분쟁 해결방안 연구 (2)[韩语论文]

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This study aims theoretical examination of floor noise, analysis of legal regulation and industrial standards on construction related to the issues of floor noise, and exploration of actual cases of civil complaints and lawsuits on floor noise dispute...

This study aims theoretical examination of floor noise, analysis of legal regulation and industrial standards on construction related to the issues of floor noise, and exploration of actual cases of civil complaints and lawsuits on floor noise disputes. After a thorough examination of the floor noise disputes, I suggest resolutions to floor noise disputes and identify technological, social, and legal problems/improvement measures as stated below. First, there should be a gradual modification of wall construction technique, susceptible to floor noise, to Rahmen frame construction technique. Wall constructed Apartments, first appeared along with the wave of new town establishment in the early 1990s due to its economic advantages and utility in large-scale construction in short period. However, its vulnerability to floor noise is its major shortcoming. In the current Korean society with advanced economic structure and the orientation of the social values shifting toward raising the quality of life, it would be advantageous to apply Rahmen construction technique on the future remodeling of the apartments even though it takes higher cost of construction. There should be improvement through research and development in Rahmen construction technique toward cost-efficiency and diversification of apartment structures based on construction conditions for the gradually popularized modification toward Rahment construction in the society as a whole. Supports from the government with policy changes are requisite, as well as technological development and extended application of the technique by public construction enterprises, such as LH (Korea Land and Housing Corporation) and SH (Seoul Housing & Communities Corporation). Second, there should be a legal review on the current noise regulating standards. The current noise regulating standards is declared under 「Housing Construction Standard Regulation」 of 「Housing Act of April 2003」. After several revisions, it currently states, ‘An acceptable floor impact sound in apartment housing is 58dB for a light-weight impact sound and 50dB for a heavy-weight impact sound.’ I suggest that there should be a reexamination on whether the conditions of regulated value at the time can be applicable in the today’s construction conditions. For example, the regulated value of heavy-weight impact sound at the time was inconsiderate on low-frequency noise, a huge influence on the heavy-weight impact sound. Also, we need to reevaluate whether Reverse Curve A, the evaluation method only conducted in South Korea, reflects the reality well. Sure there will be chaos and practical difficulties we need to consider in changes of what we have taken as an unwritten code that the acceptable noise criteria are ‘58dB for a light-weight impact sound and 50dB for a heavy-weight impact sound’. However, as we now have certain primary legal restrictions on floor noises, we could look back on the identified problems through a scrutiny and detailed analysis, and review on the appropriateness of the noise regulation of today. Third, there should be research and development on floor noise reduction method using floor buffer materials and field application promptly. The floor noise transmission path can be classified into air-borne sound and solid-borne sound. The solid-borne sound is low-frequency noise, which can affect largely on lower floor residents. Therefore, research and development of buffer materials that can reduce solid-borne sound or impact sound are significant. The truth is that most construction firms applied standard floor structure, the minimal legal requirement, concerning an increase in sales price and avoid legal responsibility on floor noise. However, as the legal restriction on floor noise has become stricter with corresponding revisions, construction firms put much effort on research and development on reducing floor noise, timely field application is the key objective now. There should be policy supports from the government with research funding and incentives to hasten the research and development of new technology and its field application. Fourth, there should be measures on the existing apartments that are vulnerable to floor noise. Government’s effort since the declaring revision in April 2001, ‘there should be preventive measures on floor noise’, there was continuous efforts to produce preventive measures on floor noise for newly-built apartments. However, we need to establish measures on apartments, multi-unit housings, and residential officetels that were built before enforcement of impact sound noise regulations of April 2005. Also, we need to find a resolution for 2,000,000 units built during the first wave of new town establishment that needs remodeling. The difficulty lies in the characteristics of remodeling thin floor slabs and height limits which make it difficult to apply floor noise techniques. The number of these apartments, vulnerable to floor noise, is around 60% of the entire number of apartments that is a critical social issue in the housing. It is the time for federal - and state-governments to come up with policy supports in multi-dimensional approaches on these apartments including research and development of floor noise reduction techniques. Fifth, there should be unification and classification of complexly entangled legal system and dispute resolution organizations by departments and functions. As the social concerns and damages are increasing, the government strengthened restrictions and continuous revision of regulations and established dispute resolution organizations and various counseling centers by each administrative organization and state government’s jurisdiction. Although it is undeniable that such proactive measures from government organizations of different scales were helpful, such complex structure creates confusion for the people. In this sense, unification and classification of the current complex organizations under a single national-administrative organization are requisites. Also, there should be a revision in the restriction on the penalties and amount of compensation to raise them on the level of other developed countries so that they could be practical measures. Sixth and for the last, the promotion of a sense of community and activation of residents-regulated resolutions will be needed. The level of sound felt as noise is different for everyone. Therefore, continuous strengthening of physical measures and regulations can lead to nation-scale waste of resources. In this sense, it would be better to come up with residents-regulated resolutions that could resolve the issues in the early stage without interference from government or third-parties. It is government’s role to promote research, development, and support such autonomous measures. The root of floor noise disputes is the loss of sense of community from lack of communication among neighbors. In this context, researches and designing of promotions, events, and education programs that could reactivate the community membership among residents are definitely in need.

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