"Why? I'm smoking in my own house?"... Bold smoking neighbor faces 'alimony bomb'

The ruling implies that the actions constitute a tort under civil law, going beyond a simple daily life conflict. According to the Korea Legal Aid Corporation on the 22nd, Presiding Judge Kim Young-hee of the Jeonju District Court's Civil Division ruled in favor of the plaintiffs in their entirety in a lawsuit for damages filed by newlywed couple A and pregnant woman B against neighbor C. The court ordered C to pay husband A 500,000 won and wife B 1 million won plus accrued interest. The couple settled into a corridor-style apartment in Jeonju, North Jeolla Province, in May 2025.
However, conflicts began as neighbor C continued to smoke inside the apartment and on the balcony. Due to the structural characteristics of the corridor-style apartment, the cigarette smoke from Mr. C steadily entered the home of Mr. and Mrs.
A through cracks in the walls and the balcony. Mrs. B, who was expecting a child, eventually sought medical treatment due to the severe stress caused by secondhand smoke.
Although Mr. and Mrs. A repeatedly requested restraint and filed complaints through the management office, Mr.
C continued to smoke. Ultimately, the couple filed a civil lawsuit with the assistance of the Korea Legal Aid Corporation. The Corporation, acting as their legal representative, objectively proved the damages by submitting evidence such as a log of damages, complaint records from the management office, and Ms.
B's medical records. In particular, they argued that Ms. B should be awarded higher compensation for emotional distress, emphasizing that the risks to fetal health and mental suffering from secondhand smoke are greater for pregnant women than for the general population.
The court accepted all of the Corporation's arguments. The court determined that Mr. C's continuous smoking between floors constituted an illegal act that infringed upon the health rights and peaceful residential life of Mr.
and Mrs. A. The Korea Legal Aid Corporation stated, "This ruling clearly establishes that the issue of secondhand smoke in multi-unit housing is not merely an inconvenience between neighbors, but an illegal act subject to civil liability for damages," adding, "We expect this to serve as an important standard for resolving similar disputes regarding smoking between floors in the future.
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[email protected] Moon Young-jin Reporter