Constitutional Court: Outdoor Smoking Ban Zones 'Constitutional'... Public Interest Over Private Interest

Dismissal of Constitutional Petition Filed by Smoker

A smoker who was fined after smoking in a designated outdoor non-smoking area and went all the way to the Supreme Court filed a constitutional complaint, but it was not accepted.

Chief Justice Lee Jong-seok and the Constitutional Court justices are seated.
[Image source=Yonhap News]

According to the legal community on the 5th, the Constitutional Court unanimously dismissed the constitutional complaint filed by Mr. A last month on the 25th regarding part of Article 9, Paragraph 8 of the National Health Promotion Act, stating, "It does not violate the Constitution. It cannot be considered an infringement on the general freedom of action of smokers in violation of the principle of proportionality."

In January 2019, Mr. A was caught by enforcement officers while smoking on a bench at the BEXCO plaza in Busan and was fined 50,000 won. The area in question was designated as a non-smoking zone under the National Health Promotion Act, as it corresponded to office buildings, factories, or mixed-use buildings with a total floor area of 1,000㎡ or more.

The Constitutional Court stated, "The public interest in promoting national health outweighs the private interests restricted for smokers. Even in outdoor or outdoor-like spaces, the risk of secondhand smoke cannot be completely eliminated," adding, "Even if non-smoking and smoking areas are operated separately, it is difficult to physically block cigarette smoke perfectly, and spaces where the public or many people are likely to pass through pose an even greater risk."