[Invest&Law] Thump, Tap... "Pay 3 Million Won in Damages"

Specific Ruling on Inter-floor Noise Disputes
Conflict Between Upstairs and Downstairs Residents in Multi-family Housing
Noise Levels Exceeding Legal Standards
Frequent Occurrence at Night and Early Morning
Damage Extended to Neighboring Households
Court: "Noise Generally Intolerable by Societal Standards
Liable for Compensation for Psychological Distress"

A court has ruled that an upstairs resident who caused inter-floor noise must pay 3 million won in compensation to each of the downstairs residents affected. The main grounds for the decision were that the measured noise levels exceeded the legal threshold and that the disturbances frequently occurred at night and in the early morning, affecting even neighboring households. With more than 40,000 complaints about inter-floor noise filed each year, this specific judgment on the intensifying disputes over inter-floor noise is drawing significant attention.

According to the legal community on November 19, Judge Park Jisook of the 12th Civil Division of the Seoul Southern District Court ruled partially in favor of the plaintiffs on September 25, ordering that B pay 3 million won each to A and three others in a compensation lawsuit. A and the others were living in a multi-family house in Yangcheon-gu, Seoul. B moved into the apartment above A's home in December 2023 and lived there for about a year.

Lawsuit sparked by repeated 'thumping' and 'tapping' noises from upstairs

After B moved in upstairs, A and the other downstairs residents experienced repeated thumping and tapping noises, leading to conflict with B. Eventually, A and the others filed a lawsuit against B, demanding 10 million won each in compensation.

Judge Park explained, "Article 3 of the 'Regulations on the Scope and Standards of Inter-floor Noise in Multi-family Housing' provides standards for inter-floor noise, which can be referenced when determining whether the noise in a multi-family residence exceeds the acceptable limit." She continued, "A and the others requested the Korea Environment Corporation to measure the inter-floor noise, and as a result, impact noise (such as 'thump' sounds) was measured in A's master bedroom for about two days starting October 23, 2024. The levels significantly exceeded the standards set by law." Judge Park added, "The direct impact noise in the unit occurred especially frequently at night and in the early morning, and not only A and the others but also residents of adjacent units complained about the disturbance. Considering these factors, the noise caused by B in the unit was of a degree generally considered intolerable by societal standards," and concluded, "B is responsible for compensating A and the others for the psychological distress caused by the noise." The acceptable limit refers to the threshold of tolerance for disturbances such as environmental rights violations, pollution, or noise that interfere with others' daily lives.

"Comprehensive judgment required, including degree of harm, locality, and negotiation process"

Judge Park stated, "If a resident in a building suffers disadvantages from noise generated by another resident's living activities, for the act to be considered an unlawful tort under civil law, the degree of infringement must exceed the generally accepted threshold of tolerance in society." She further explained, "Whether this threshold has been exceeded should be determined by comprehensively considering all circumstances, including the degree of harm, the nature of the affected interests, social evaluation, building structure and use, locality, the order of building use, the possibility of preventing or avoiding harm, violations of public law regulations, and the course of negotiations."

Taking into account the level of noise caused by B, the time of occurrence, the type and duration of the noise, and the degree of psychological suffering experienced by A and the others, Judge Park set the compensation at 3 million won for each plaintiff.

Meanwhile, conflicts arising from inter-floor noise continue to increase. An analysis of complaints filed with the Korea Environment Corporation's Inter-floor Noise Neighbor Mediation Center (including all call center, online, and additional phone consultations, in-person consultations, and on-site noise measurement services) shows that in 2024, there were 40,060 cases reported, marking a 277.1% increase from 10,624 cases in 2012. During the COVID-19 pandemic in 2020 and 2021, the number exceeded 50,000. Although the figure has slightly decreased since then, it remains at around 40,000 cases annually through 2024.

Reporter Park Suyeon, Law Times

※This article is based on content supplied by Law Times.

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