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| TITLE | Supreme Court Decision 2007Da74560 Decided November 25, 2010 [Damages] [full Text] |
|---|---|
| Summary | |
| [1] The probative value of an appraisal report on aircraft noise submitted by an expert witness under oath or of the court's appointment [2] When the victim of a form of pollution, including noise, can be seen as having come to the area of danger and resided there with the awareness of the existence of this danger, and to have approached the area with acceptance of harm thereof, whether exemption from liability can be acknowledged for the harming party (affirmative in principle), and whether this fact should be considered as grounds to justify reduction of the amount of damages when the victim did not approach the area with acceptance (affirmative) [3] The meaning of ""defect in the construction or management of public structure"" as stipulated in Article 5 (1) of the State Compensation Act, and how to determine the tolerable level for damage caused by use of public structure [4] The determination of the court below affirming that noise pollution around Daegu Airfield exceeded the tolerable level expected under generally accepted social norms and became unlawful in cases where the noise level exceeded 85 WECPNL | |
