[IssueLaw] "Please Stop Smoking..." How to Resolve Neighbor Smoking Conflicts

[Asia Economy PD Yoon Jin-geun] Conflicts over smoking between neighbors in multi-family housing continue without end. The nature of these disputes is escalating beyond mere verbal arguments or simple warnings. Emotions run high, sometimes escalating into lawsuits. How can the issue of 'inter-floor smoking' be properly addressed?

In the 'Lee Park Choi Legal Center' featured on the Asia Economy YouTube channel, lawyer Park Sung-min appeared to discuss various conflicts, controversies, and solutions related to secondhand smoke caused by neighbors' smoking.

Due to the residential characteristics of South Korea, where many live in apartments, villas, and other multi-family housing, the likelihood of harm caused by secondhand smoke is high. This has led to numerous conflicts among residents.

In 2018, neighbors who fought over smoking in an apartment hallway were booked by the police after exchanging punches. Earlier, in 2016, a downstairs resident was booked for spraying chemical substances on an upstairs unit that was smoking.

In 2019, a fire broke out in an apartment in Osan, Gyeonggi Province, caused by a cigarette butt that fell from the upstairs balcony into the home below.

Lawyer Park examined how disputes between neighbors over smoking can be resolved based on provisions in the Civil Act and the Multi-Family Housing Management Act. According to his explanation, when secondhand smoke damage occurs, the management office or other managing authority of the apartment can mediate by recommending improvements to the smoking household and requesting cooperation. However, this is only a recommendation without legal enforceability, so it has its limitations.

Lawyer Park emphasized, "A realistic and proactive solution that both smokers and non-smokers can accept is necessary."