Aircraft noise infringes on physical and mental health and affects society as a whole. It causes headaches, loss of motivation and decreases physical capability and mental capacity. Therefore it brings great danger to human health. Moreover, aircraft ...
Aircraft noise infringes on physical and mental health and affects society as a whole. It causes headaches, loss of motivation and decreases physical capability and mental capacity. Therefore it brings great danger to human health. Moreover, aircraft noise not only damages people physically and mentally, but also causes the decline of real estate and land prices in and around the areas affected. Treatment of various diseases and a decline of labor productivity cost a government social-welfare expenses. Civil aircraft used to have approximately the same noise level as a military transport aircraft. It is possible to reduce the main source of noise by using methods such as development of low noise aircraft, a restriction on high noise aircraft service and by sticking to regular intervals between take offs and landings.
Yet, since military aircraft require sudden acceleration and thus must generate high power it would be counter-productive to reduce military aircraft noise, simply due to the fact that it is not possible to produce a low noise aircraft of the same maneuverability.
Furthermore, it is difficult to reduce the source of noise because military operations and training take place over large areas at low altitude. Although flight-routes, training hours and flight altitude can be controlled or restricted, and soundproofing can be used, it is still a problem with no definite solution.
Additionally, due to the frequent and mass of civil law suits by people living near military air bases, military training is interrupted and there are worries about the effects this may have on national security. The problem of noise from military air bases and its frequent mentioning by the central government, mass media, environmental parties and local government's are becoming a social issue. Many cases of 'noise damage' due to military aircraft are occurring near military air bases. Local residents and local governments are voicing demands for compensation, and even the relocation of military air bases and measures prohibiting noise pollution. The mental and physical damage, as well as damage to property and the discomfort in everyday life experienced by residents near military air bases, can develop not only to the stage of a petition but also into a serious social problem. Yet domestic law on noise pollution is inadequate.
That is to say, aircraft noise is not included in 'The basic law on environmental Policy' of the Ministry of Environment. The Aviation Act of the Ministry of Construction and Transportation only deals with international airports such as Kimpo and Jeju. Noise from military air bases which has more serious effects is not covered by the above law. Faced with this irregularity many civil petitions are lodged. Related laws concerning military air bases ensuring flight safety and base security, are 'the Military Airfield Regulations' established in 1970, which includes restrictions on the height of constructions and obstacles surrounding the 45 military air bases of the army, navy and air force. The 'Compensation Law on Aircraft Noise' is meant to be joint-legislated in 1988 by the Ministry of Construction and Transportation and the Ministry of Defence. However, due to reasons related to the State Budget, legislation for the military airfields was prepared and was to be attempted after 2000 when a GNP of above 10.000$ was achieved. Therefore, at the moment in Republic of Korea (ROK), there is an absence of a law on countermeasures for 'noise damage' for civilians. Present Aviation Regulation only provides 'noise compensation' for Kimpo, Kimhae and Jeju airports. Thus, there is a problem due to the lack of laws relating to jointly used military and civil air bases and purely military air bases. Achieving equal rights to compensation for all civilians is problematic.
Meanwhile, residents near the military air bases raised the issue of noise pollution by military aircraft individually. But, since the establishment of local governments came into effect in 1995, civil appeals on military aircraft noise have become collectivized and organized. The local governments with military airfields in their administrative area arouse public opinion on citizens' demands, and call for compensation and financial support from the central government, because in comparison with other areas that do not include military airfields, they are disadvantaged trying to develop their district and suffer losses from taxes not collectable. Thus the military is carrying out a scheme which may possibly reduce noise pollution.
They have reduced training hours by for example restricting night flights and flights on legal holidays. Also they are trying very hard to reduce the noise problem by adjusting the flight routes and altitudes. However, these efforts are limited since there is no legal basis established. Actually, army training operations are being hampered because of the adjustment of training plans and hours. Further, pilots are being put in danger. After all, there is no law or related policy regulating new buildings or referring to compensation for relocation or soundproofing facilities, homes, schools and hospitals. Be it that there is no law in force, constitutional compensation and the legal precedent of reparation remain the only possibility for residents. Equally on the side of the courts, there is the problem of how to legally approach civil law suits. In face of a delay in enacting a law on noise pollution and the resulting continuing residents' suffering, increase in civil law suits, land development and the formation of metropolitan areas near air bases, the expected release of green belt land and increase in housing developments, the expected increases in relocation costs and other requirements etc. make it clear that not phasing in laws on compensation and building regulations back in 1991 when laws on noise pollution were first ratified, is to be regretted. Now the noise caused by military aircraft can just not be avoided. In the present situation the military cannot maintain operational status as a military should, because local residents have been exposed noise pollution merely by being resident in affected areas. Now, one must feel around for a way to preserve operational status whilst reducing military aircraft noise. It has been the case that environmental issues or citizens' basic rights were ignored in favour of national security interests. This is intimately related to health problems and financial losses suffered by residents near military installations. Recently citizens' developed increased awareness of their rights and together with democratization the for so long suppressed complaints are finding expression. Especially popular complaints concerning military air bases, noise pollution and other related issues are being raised. With not only the residents around air bases but also local self-governing bodies, education authorities etc demanding countermeasures and compensation, the military, overwhelmed by the countless civil law suits filed, is at the verge of not being able to concentrate on its actual responsibility: national defense.
Consequently, to address these various popular complaints properly an alternative proposal has become necessary in order to come to a rational solution concerning the criticism of and dispute over military air bases. To reach such an alternative proposal requires reflection on the actual situation on each air base, reports on budgets, the military's case specific countermeasures etc. In an equally thorough manner a new law to help calculate costs, fix standards to devise a program of measures addressing noise pollution is imperative. An estimated 17-19 trillion won are needed in noise pollution compensation alone. For example, there is a proposal for the Ministry of Construction and Transportation to compile a report on the costs of soundproofing the surroundings, the Ministry of Education on the soundproofing of schools, the Ministry of Environment and the Ministry of Agriculture and Forestry on soundproofing measures for wildlife.
The location of air bases relies on the support of the local self-governing bodies and must be implemented on a state level. One should also examine the Japanese example where the Ministry of Government Affairs and Home Affairs makes an estimate and the Ministry of Defense carries out the proposal when required. All these proposals cannot be implemented at the same time.
Simply because a system to manage noise pollution claims must be set up and whilst the costs are calculated, suitable laws must be passed. Thus, it is necessary to improve related laws and regulations preferentially from the legislative stage first, in order to prevent further noise pollution by military aircraft. In other words, it is necessary to designate and examine areas affected by noise and restrict building housing and other public facilities in these areas. To proceed, it is essential to decide on legal measures concerning noise pollution compensation and restrictions on construction. Therefore, by devising such legislation, one needs to deal with the civil law suits arising in future swiftly, prevent further harm to residents and consider relief measures.