"Annoyance" VS "Right" Netizens Debate
Smoking Inside Apartments Also Causes Neighbor Conflicts
Along with noise between floors, conflicts between neighbors due to 'inter-floor odors' are frequently occurring, but legal solutions for inter-floor odors are not easy, causing deep distress among affected residents.
On the 6th, various online communities posted photos showing the grilling of samgyeopsal on an apartment balcony, along with the question, "Is it a nuisance to grill meat at home?" The photo is not related to any specific content of the article. [Photo by online community]
On the 6th, several online communities posted photos showing pork belly being grilled on an apartment balcony, along with a question asking, "Is grilling meat at home a nuisance?" Opinions are sharply divided between those who see grilling meat on the apartment balcony as a personal freedom and those who consider it a nuisance.
Some commented, "It's not like they grill meat every day, so why can't people understand?", "If you can't stand the smell of meat, move to a detached house," "Can't I even grill meat in my own home?", "Society has become so harsh that people make a fuss over everything," and "It's fine as long as it's not noisy."
On the other hand, there were also criticisms that grilling meat on the apartment balcony is a nuisance. They responded, "They grill on the balcony because they don't want the smell of meat inside their home," "The smell gets on the laundry," "I dislike the oil fumes more than the smell," and "Why grill meat on the balcony when there is a kitchen with a ventilation hood?"
Neighbor Conflicts Due to Inter-floor Odors, No Practical Solutions
Under current law, it is practically difficult to prohibit grilling meat in apartments or other homes. The Odor Prevention Act regulates that businesses or individuals must not cause harm to others' lives when cooking food, but it is legally challenging to prove that the smell of grilling meat qualifies as an "odor nuisance." [Photo by Pixabay]
If a neighbor suffers mental or physical health damage due to a specific odor and claims bodily injury, punishment is possible if the damage is proven. If the smell has permeated wallpaper or furniture causing damage, civil claims for compensation are also available. However, proving the damage is difficult, and even if proven, only minor compensation such as medical expenses is usually awarded.
Under current law, it is practically difficult to prohibit grilling meat in homes such as apartments. The Act on the Prevention of Odors regulates that businesses or individuals must not cause harm to others' lives when cooking food, but it is legally difficult to prove that the smell of grilled meat qualifies as an 'offensive odor.'
Not only the smell of pork belly but also smoking inside apartments has been a longstanding source of odor conflicts between neighbors for decades.
According to current laws, local government heads have the authority to designate certain areas of apartments as non-smoking zones. Accordingly, smoking can be banned in hallways, staircases, elevators, and underground parking lots, but indoor spaces within individual units cannot be designated as non-smoking zones.
Some apartments create self-governing regulations to ban smoking inside units, but it is practically difficult to catch violators and enforce penalties.
Usually, when smoking occurs inside a unit, cigarette smoke travels through ventilation ducts, making it difficult to prove exactly which unit the smoke originated from. Even if a smoking household is identified, if they deny smoking, there is no proper means to sanction them.
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