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.