A woman in her 50s who ignored a pregnant neighbor's repeated requests to stop smoking indoors has been ordered to pay damages.
According to the Korea Legal Aid Corporation, Judge Kim Young-hee of the Jeonju District Court's Civil Division 3 ruled in a damages suit filed by a man identified as A against his neighbor, identified as B, ordering B to pay A 1.5 million won ($1,020) in consolation money.
A and his pregnant wife moved into a corridor-type apartment in Jeonju last May. Their neighbor B smoked regularly both indoors and on the balcony, and the smoke drifted into the couple's unit.
A made multiple requests through the building management office asking B to refrain from smoking, but B ignored them and continued.
The couple sought medical treatment due to secondhand smoke exposure and stress, and ultimately turned to the corporation for help. The corporation filed the damages suit on their behalf.
The corporation established the harm caused by secondhand smoke by citing violations of the Multi-Family Housing Management Act, which requires residents to prevent secondhand smoke and cooperate with management recommendations. For a pregnant woman, the corporation argued, the risks to fetal health and the mental distress caused by secondhand smoke are greater than for the general public, and it sought a higher consolation payment on behalf of A's wife.
Judge Kim accepted the corporation's arguments, ruling that B's conduct "constitutes an illegal act that infringed on the plaintiffs' right to health and their right to a peaceful residential life." She ordered B to pay 500,000 won to A and 1 million won to A's wife.
123@heraldcorp.com
