Korean Court Awards 3 Million KRW per Victim for Severe Late-Night Floor Noise: A Landmark Inter-Floor Noise Ruling
🧱 Case Overview
A Korean court ordered an upstairs resident (B) to pay 3 million KRW in damages to each of four downstairs residents (A and others) for causing severe inter-floor noise.
This is considered an important ruling amid rising disputes from apartment noise in Korea.
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📍 Key Facts
The plaintiffs (A and others) lived in a multi-unit home in Yangcheon-gu, Seoul.
The defendant (B) moved into the upstairs unit in December 2023 and lived there for about a year.
After B moved in, repetitive “thud” and “bang” noises were frequently heard, especially at night and early morning.
A and others sued, asking for 10 million KRW each as compensation.
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⚖️ Court Findings
Judge Park Ji-suk of the Seoul Southern District Court held that:
Inter-floor noise must be evaluated with reference to legal noise standards under the “Rules on Inter-Floor Noise in Multi-Family Housing.”
A and others had noise levels professionally measured by the Korea Environment Corporation.
Measurements over two days (Oct 23–25, 2024) showed impact noise levels significantly exceeding legal limits, particularly the “impact noise” similar to “thuds.”
The noise occurred frequently during nighttime and dawn, worsening its impact.
Other neighboring households also complained, supporting the claim that the noise was severe.
The court ruled that:
The upstairs noise exceeded the socially acceptable tolerance level (수인한도).
Therefore, the defendant’s conduct constituted a civil tort (unlawful act).
B must pay 3 million KRW to each plaintiff for their mental suffering.
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📖 Key Legal Principle: “Tolerance Limit” (수인한도)
The “tolerance limit” refers to the maximum level of disruption (noise, pollution, etc.) a reasonable person is expected to endure.
To decide whether noise exceeds this limit, the court considers:
severity and duration of harm
social importance of the affected interests
building structure, usage, and local context
timing (night vs. daytime)
possibility of preventing/avoiding the harm
violations of regulations
the history of interactions between parties
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💸 Damages Awarded
Taking into account:
– magnitude of noise,
– time of occurrence,
– type of sound,
– duration,
– and emotional distress,
The judge awarded 300,000 KRW × 10 = 3 million KRW per victim.
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📊 Trending Issue: Rising Floor-Noise Complaints
Inter-floor noise complaints in Korea have soared:
2024: 40,060 cases
2012: 10,624 cases
This is a 277% increase over 12 years.
During COVID lockdowns (2020–2021), complaints exceeded 50,000 per year, and even post-pandemic remain above 40,000 annually.
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📌 Why This Ruling Matters
It provides clear guidance that:
Late-night repetitive impact noise can be legally actionable.
Courts will rely heavily on professional noise measurements.
Damages can be awarded even for mental distress, not just physical harm.
The case reflects Korean society’s growing sensitivity and legal recognition of residential noise as a rights issue.
Article: https://www.lawtimes.co.kr/Case-curation/213117