“If the head of a large company is your neighbor, do you have to endure noise pollution?” [All That Check]
“Children are unable to sleep due to loudspeaker noise that continues day and night.” Recently, as ‘nuisance protests’ have increased in front of the homes of high-ranking public officials and businessmen, including banners with provocative content, swearing, wearing mourning clothes and singing dirges, nearby residents are suffering. In the middle of this year, some union members in Cheonan, South Chungcheong Province held a demonstration in front of the home of the head of a company in Samseong-dong, Seoul, protesting against an increase in construction costs, Hyundai Transys. The union held a protest in front of the home of Hyundai Motor Group Chairman Chung Eui-sun. There were even demonstrations targeting empty houses in front of Samsung Electronics Chairman Lee Jae-yong's home. In various online communities, there are many posts posted by residents who have suffered damage from protests in front of their homes, complaining that "there is no help other than reporting the noise," "it's so annoying that it makes everyday life difficult," and "I'm afraid my children will hear swear words." In this way, residents criticize protests in residential areas for disrupting their peaceful lives and could be considered an "illegal act," while the protesters say that the protests are legitimate. They are fighting back, saying it is an exercise of ‘freedom of expression.’ Netizens are also giving mixed reactions to this. Some argued, “Assemblies in residential areas should be banned at the source,” “What on earth are you doing in front of your home?”, “Not in a residential area, but maybe in front of a factory?”, “Along with the freedom of assembly, all ordinary citizens have the right to live as human beings quietly and without being disturbed.” Also, “Freedom of expression must be protected,” “The assembly law is the sovereignty of the democratic movement,” and “I tried for 100 days in front of the headquarters, but no one would meet me. There was also a response supporting the rights of the protesters, saying, “It is a protest culture created by the corporate culture.” Professor Kwak added, "Company protests are spread across multiple responsibilities, but protests in front of people's homes are entirely the responsibility of the individual, so greater psychological pressure can be felt." Article 21, Paragraph 1 of the Constitution guarantees freedom of assembly and demonstration to all citizens, and under the Assembly and Demonstration Act (Assemblies and Demonstrations Act), protests are operated through a reporting system, not a permit system. However, Article 37, Paragraph 2 of the Constitution stipulates that this right may be restricted only when necessary to maintain public order and safety, allowing for some restrictions in cases where it may pose a threat to national safety or public order. In other words, it is difficult to ban the demonstration in front of one's home, but it is possible to limit the noise level and time zone. The Enforcement Decree of the Assembly and Demonstration Act, revised last August, further strengthened the noise standards in residential areas, etc., and established weekly equivalent noise standards. The maximum noise level was lowered to 60 dB, 50 dB at night, and 45 dB at night (midnight to 7 a.m.). The maximum noise level was lowered to 80 dB during the day, 70 dB at night, and 65 dB at night. According to standards such as the World Health Organization (WHO) and the U.S. Environmental Protection Agency (EPA), 80 dB is the noise level of a passing subway, 65 dB is the level of conversation in a crowded cafe, 60dB is the noise level at which people are talking in an office. The Ministry of Environment in Korea sets a noise level of 65dB or less as the daytime noise standard for residential areas, and believes that exceeding this level may result in increased inconvenience to residents. Is there no way for residents to prevent protests in their residential areas? Law firm Daeryun Choi Hyeon-deok said, “There is virtually no way to completely block protests in residential areas. If residents want to receive compensation for damage caused by noise, they must file a civil lawsuit, and this is only possible when the standard decibel level set by the House and Demonstration Act is exceeded.” He added, “If 65 dB persists, it can be quite uncomfortable, so in the future, the decibel standard should be lowered further or in residential areas.” “I think we need a plan to ban the use of loudspeakers,” he emphasized. [View full article] - "If the head of a large company is your neighbor, do you have to endure noise pollution?" [All That Check] (Shortcut)