Korean Constitutional Court rules no-smoking laws in outdoor areas as constitutional

The court unanimously ruled on April 25 that that the National Health Promotion Act, which requires all public facilities, including outdoor spaces, to be designated as non-smoking areas, does not violate the Constitution.

A no-smoking sign is seen as people walk in the rain in Gwanghwamun Square in Jongno District, central Seoul, on Sunday, during a three-day weekend to mark Children’s Day. The Constitutional Court recently ruled that the National Health Promotion Act, which requires all public facilities, including outdoor spaces, to be designated as non-smoking areas, does not violate the Constitution. The no-smoking icon was added to signposts this day. [YONHAP]

The Constitutional Court recently ruled that the current law designating public facilities, including crowded outdoor plazas, as non-smoking areas is constitutional, legal sources said Sunday.

The court unanimously ruled on April 25 that that the National Health Promotion Act, which requires all public facilities, including outdoor spaces, to be designated as non-smoking areas, does not violate the Constitution.

In 2019, a person surnamed Park was fined for smoking on a bench in front of Bexco, a convention center, in Busan, in a case that eventually made its way to the top court. Park argued that it was excessive to designate such open areas as non-smoking areas.

The Constitutional Court unanimously ruled on April 25 that Article 9, Paragraph 4 of the National Health Promotion Act is constitutional.

Article 9 of the National Health Promotion Act designates public facilities that are 1,000 square meters (10,764 square feet) or more as non-smoking areas.

The court found that even public outdoor areas can't be considered completely free from the risk of secondhand smoke, noting it is difficult to completely block cigarette smoke even if there are separate non-smoking and smoking areas.

It said that the need to protect people who do not want to breathe in secondhand smoke is greater than the need to guarantee smokers' freedom to smoke.

BY SARAH KIM [kim.sarah@joongang.co.kr]