Korea Legal Aid Corporation Recognizes Damages From Secondhand Smoke in Apartment Complexes

"Hospitalized Due to Neighbor's Cigarette Smoke"
Pregnant Couple Wins Full Compensation in Lawsuit

A married couple, including a pregnant wife, who suffered damages from continuous cigarette smoke infiltrating their apartment from the neighboring unit, won their lawsuit for damages against the neighboring resident.

On July 22, the Korea Legal Aid Corporation announced that the Jeonju District Court had ruled that the neighboring resident must pay compensation to the couple, as the couple’s health and peaceful residence were disturbed by ongoing secondhand smoke exposure in their apartment building.

Korean Legal Aid Corporation Building
[Photo by Legal Aid Corporation]

Mr. A and Ms. B, a newlywed couple, lived in a corridor-type apartment in May 2025 and were continually affected by cigarette smoke repeatedly entering their home as a result of the next-door neighbor’s indoor and balcony smoking. At the time, Ms. B was pregnant.

The couple asked the management office several times to have the neighbor stop smoking, but the problem persisted. Ms. B eventually required medical care due to secondhand smoke exposure and related stress.

The Korea Legal Aid Corporation submitted evidence to the court, including records of cigarette smoke infiltration, a log of damages, complaint records from the management office, security personnel work logs, and the pregnant woman’s medical records to prove the harm suffered.

The court concluded that the smoking constituted an unlawful act that extended beyond a simple neighborly inconvenience, infringing upon both the right to health and the right to a peaceful residential life. As a result, it ordered the neighbor to pay KRW 500,000 in compensation to Mr. A and KRW 1,000,000 to pregnant Ms. B.

Regarding the ruling, the Korea Legal Aid Corporation stated, “This case confirms that secondhand smoke in apartment complexes can be recognized as an unlawful act subject to civil damages. We expect that it will serve as a standard for the resolution of similar future disputes.”

This ruling demonstrates that, along with ‘everyday noise’ in multi-unit residences, ‘cigarette smoke’ that infringes on others’ health and residential peace can also result in legal liability.

This content was produced with the assistance of AI translation services.