Woman ordered to pay damages for smoking despite pregnant neighbor's pleas

A South Korean woman has been ordered to pay 1.5 million won (approximately $1,070 USD) in damages for continuing to smoke indoors and on her balcony, even after her pregnant neighbor pleaded with her to stop. The ruling came after the neighbor filed a lawsuit for damages, citing harm from persistent secondhand smoke.

The court determined that the defendant's actions violated the plaintiff's right to health and a peaceful residential environment. The plaintiff, who was pregnant at the time, resided in a corridor-style apartment. Due to the building's structure, smoke from the defendant's unit consistently infiltrated the plaintiff's home through wall gaps and the balcony.

Despite multiple requests made through the building management office, the defendant continued smoking. This led to the plaintiff experiencing continuous exposure to secondhand smoke and significant stress, necessitating medical treatment. The plaintiff then sought assistance from the Legal Aid Corporation.

The Legal Aid Corporation argued that the risks of secondhand smoke to a fetus and the resulting mental distress are greater for pregnant individuals than for the general population. They presented evidence, including the apartment's design that allowed smoke to enter, records of the smoke exposure, and the pregnant woman's medical history, to objectively prove the harm caused by the secondhand smoke. The court accepted these arguments, ordering the defendant to pay 500,000 won to the plaintiff and 1 million won to the plaintiff's wife.