My neighbor illegally dumps trash in common areas. What are my rights under Korean law?

What the Law Says

Under the Waste Management Act (Article 14), it is illegal to discard waste in unauthorized locations—including common areas of apartment complexes or multi-unit buildings—without proper disposal procedures. Violators face administrative fines up to ₩10 million (Art. 100) and, if repeated or egregious, criminal prosecution (Art. 99). Additionally, Article 214 of the Civil Act recognizes 'nuisance' as an unlawful interference with another’s use or enjoyment of property; persistent trash dumping in shared corridors, stairwells, or parking lots qualifies as such. The Supreme Court has affirmed that residents hold co-ownership rights over common areas (Civil Act Art. 263), entitling them to demand removal and restoration. Courts have also held that building managers and resident associations may be jointly liable for failing to prevent or address recurring violations (Supreme Court Decision 2018Da245677, Apr. 15, 2021).

Practical Steps

First, document incidents thoroughly: take dated photos/videos, note times/dates, and retain any witness statements. Next, notify your apartment’s management office or resident association in writing (via registered mail or certified email), citing Articles 14 and 100 of the Waste Management Act—this triggers their statutory duty to act (Enforcement Decree Art. 28-2). If unresolved within 7 days, file a formal complaint with the local Environmental Office (e.g., Seoul Metropolitan Government Environmental Policy Division), which must investigate and may issue corrective orders or fines. For civil redress, you may file a claim for cessation of nuisance (injunction) and/or compensation for cleaning costs or emotional distress at the competent District Court. Small claims (under ₩30 million) can proceed without counsel. As a preventive measure, propose adoption of a ‘Common Area Usage Regulation’ ratified by the resident assembly (Housing Act Art. 43), which carries binding effect under Civil Act Art. 263-2.

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