"Drink Gracefully If You Drink"... Conflicts Over Ambiguous Standards in 'Alcohol-Free Zones' [Report]

Criteria for Imposing Fines on 'Offensive Behavior'
Arbitrary Interpretation Causes Confusion at Enforcement Sites

On the evening of the 12th at 8 p.m., the Gyeongui Line Forest Trail stretching from Mapo-gu to Yongsan-gu in Seoul began to fill with citizens wearing light outerwear, gathering to chat as the sun set. People carried snacks in one hand and beer cans in the other as they sought out benches in the park. Some even brought soju bottles. After spending about an hour walking through the park, it was clear that most citizens were enjoying drinking. However, this area is designated by the Seoul Metropolitan Government as an ‘Alcohol-Free Zone.’

An Alcohol-Free Zone does not prohibit drinking itself, but it forbids behaviors that cause noise, foul odors, or other disturbances that could harm other citizens after drinking. In 2017, Seoul designated 22 directly managed parks, including Seoul Forest, Namsan Park, and World Cup Park, as Alcohol-Free Zones through the “Ordinance on the Promotion of a Healthy Drinking Culture in Seoul.” Since April 1, 2018, anyone causing severe noise or foul odors after drinking in these areas, thereby causing discomfort to others, can be fined up to 100,000 KRW.

On the 12th, public safety officers and enforcement staff explained the alcohol-free zone to citizens drinking in a corner of the Gyeongui Line Forest Trail in Mapo-gu, Seoul, and requested them to tidy up their seats.
[Photo by Shim Seong-ah]

However, because drinking itself is not banned, confusion often arises on site. Most citizens are not fully aware of what an Alcohol-Free Zone entails. Lee (20), whom we met at Seoul Forest in Seongdong-gu, said, “Not just today, but I often come here with friends, spread out a mat, and drink. Since everyone else drinks here too, I had no idea this was an Alcohol-Free Zone.” In fact, along the entire 6.3 km Gyeongui Line Forest Trail, there is only one sign indicating the Alcohol-Free Zone.

Because the regulations themselves are unclear, the moral responsibility and self-restraint of intoxicated individuals are required, which leads to conflicts even during guidance efforts. The personnel who directly advise intoxicated individuals on site are facility security staff employed by the Seoul Metropolitan Government, but since they are not public officials, obstruction of official duties charges do not apply even if conflicts arise. In fact, intoxicated individuals often report these staff to the police or even file lawsuits in severe cases.

Kim Seong-myeon, a public safety officer for the Gyeongui Line Forest Trail in Seoul (55), said, “Since the staff are not public officials, obstruction of official duties does not apply, and there have been several cases where citizens filed lawsuits claiming minor physical contact during guidance.” He added, “When conflicts arise with citizens, most of the time they have to resolve it themselves.” He also lamented, “Some staff members have requested enforcement authority, but even if given, it would be practically ineffective in Alcohol-Free Zones.”

Experts point out that the confusion on site stems from provisions that can be subjectively interpreted. Choi Won-mok, a professor at Ewha Womans University Law School, said, “It is necessary to specify in detail the behaviors that cause discomfort, listing them concretely to ensure predictability and clarity.” He diagnosed, “Allowing arbitrary interpretation is a bad law.”

An information board installed on the Gyeongui Line Forest Trail in Mapo-gu, Seoul. It reads, "I dislike the alcohol path, I like the forest path."
Photo by Shim Seong-a

Seoul and other local governments are aware of this reality and have designated some areas as ‘No-Drinking Zones’ to enforce stricter regulations. According to the current National Health Promotion Act, local governments can designate certain places within their jurisdiction where many people gather or pass through as No-Drinking Zones by ordinance if deemed necessary to prevent alcohol-related harm and promote residents’ health.

Currently, Seongdong-gu’s Children’s Dream Park, Gwangjin-gu’s Jangdokgol Children’s Park, Dongdaemun-gu’s Cheongnyangni Station Plaza, and Jungnang-gu’s Myeonmok Station Plaza are designated No-Drinking Zones, where drinking alcohol results in a fine of up to 100,000 KRW.

Regarding this, Seoul also submitted a partial amendment to the “Ordinance on the Promotion of a Healthy Drinking Culture” to the city council last June. The main point is to allow existing urban parks and children’s playgrounds, as well as pedestrian paths along rivers, government buildings, daycare centers, and kindergartens, to be designated as No-Drinking Zones. However, the inclusion of “river and stream areas under the River Act” in the ordinance has sparked controversy, and the amendment is still pending.