Resolving inter-floor noise disputes: Issues and measures for improvement

Inter-floor noise disputes are emerging as a serious social problem, yet a solution remains elusive. In recent years, various policies have been developed and implemented to effectively resolve these disputes through mediation, and numerous laws have been passed to support them. However, it is difficult to consider mediation as an institutionally established practice in Korea. The purpose of this article is to examine the problems faced by the current mediation system and propose measures for improvement that may lead to a more effective system of resolving inter-floor noise disputes. There are three main reasons why it is currently not easy to resolve disputes over noise between floors through mediation. First, the definition and scope of ‘inter-floor noise’ under the current law do not reflect the reality in Korea. The definition is too limited in scope, as it only includes noise caused by human activity, and there are no standards that apply to non-communal housing. This requires prompt legislative action. Second, there are structural problems with the mediation system. Despite improved accessibility to mediation in general, the mediation process is unnecessarily repetitive and redundant. This increases uncertainty and erodes trust in the institution of mediation, so it is necessary to solve the problem by streamlining the procedures. Third, when a dispute over noise between floors is resolved through mediation, the effect of the settlement agreement varies depending on the dispute resolution body. For some, the resolution is considered a settlement under civil law; for others, it is considered a judicial settlement. It is important to establish a consistent system by granting the same effect to all settlement agreements, regardless of the dispute resolution body.