TOBACCO CONTROL LAWS

OO Park v. Republic of Korea

The Constitutional Court decided on a case where the claimant – initially fined for smoking in a designated non-smoking area - argued that the smoking prohibition in outdoor areas excessively infringed on personal freedoms. The Court unanimously upheld the provisions of the National Health Promotion Act, which requires public places, including outdoor spaces, to be non-smoking areas. The Constitutional Court ruled that it was constitutional, proportional, and necessary to protect public health and prevent exposure to second-hand smoke. It also emphasized that the public health benefits outweighed the minor restrictions on smokers.

OO Park v. Republic of Korea, 2022 Constitution F 163, Constitutional Court (2024).

  • Republic of Korea
  • Apr 25, 2024
  • Constitutional Court of the Republic of Korea
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Parties

Plaintiff OO Park

Defendant Republic of Korea

Legislation Cited

Enforcement Decree of the National Health Promotion Act (as amended)

National Health Promotion Act (No. 4914) of 1995 (as amended)

Related Documents

Decision in Korean

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
"Right to Smoke"
The tobacco companies and some individual plaintiffs argue that there is a right to smoke.

Type of Tobacco Product

None

"Although smokers may experience the disadvantage of being unable to smoke in a certain space as a result of the provision that is the subject of the trial, it can be said that the necessity of having to protect individuals from involuntary exposure to second-hand smoke outweighs the need to ensure unrestricted smoking for smokers."
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