Article 1 (Purpose) The purpose of this Ordinance is to protect all citizens from the harmful environmental effects of secondhand smoke and further protect citizens’ health so as to improve the quality of life by creating a pleasant and clean environment.

Article 2 (Definitions) The definitions of terms used in this Ordinance shall be as follows:
1.The term “smoking” means smoking tobacco;
2.The term “secondhand smoke” means suffering adverse effects from another person’s smoking.

Article 3 (Scope of Ordinance) This Ordinance provides for matters necessary to implement the National Health Promotion Act and designates and operates non-smoking areas within the jurisdiction of the Seoul Metropolitan Government (hereinafter referred to as the “City”).

Article 4 (Mayor’s Responsibilities, etc.) (1) The Mayor shall adopt all measures to prevent harm from secondhand smoke so as to protect citizens’ health.
(2) The Mayor shall conduct education and publicity activities regarding the harmful health effects of smoking.
(3) The Mayor may provide assistance to the legal entities or organizations that conduct investigation, research and publicity activities concerning antismoking.

Article 5 (Designation, etc. of Non-Smoking Areas) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the “Mayor”) may designate the following places as non-smoking areas to protect citizens’ health:
1. Urban parks (referring to the urban parks described in the Act on Urban Parks, Greenbelts, etc.) and playgrounds for children;
2. School cleanup zones (referring to absolute cleanup zones among the school environmental sanitation and cleanup zones under the School Health Act);
3. Bus stops within the jurisdiction of the City;
4. Streets designated to promote citizens’ health, and specialized streets;
5. Gas stations;
6. Other places the Mayor deems necessary to prevent harm from secondhand smoke.
(2) In designating non-smoking areas under paragraph (1), the Mayor may collect opinions from related organizations and local residents.
(3) Where the Mayor designates any non-smoking area under paragraph (1), he/she shall publicize the purpose of designation, location, and the scope of such non-smoking area in the Gazette of the Seoul Metropolitan Government.
(4) No person shall smoke tobacco in a non-smoking area designated pursuant to paragraph (1). <Amended by Ordinance No. 5159, Sep. 29, 2011>

Article 6 (Change, etc. of Designation of Non-Smoking Areas) (1) When the Mayor deems it necessary, he/she may change or cancel the designation of any non-smoking area.
(2) Article 5 (2) and (3) shall apply mutatis mutandis with respect to the change or cancellation of the designation of non-smoking areas.

Article 7 (Notice of Non-Smoking Areas) (1) When the Mayor designates any non-smoking area under Article 4, he/she shall post a No Smoking sign in a highly noticeable place. In such cases, the non-smoking area shall be clearly marked with a demarcation sign. <Amended by Ordinance No. 5159, Sep. 29, 2011>
(2) A No Smoking sign mentioned in paragraph (1) shall include a description of the purpose of establishing the non-smoking area and the prevention of harm from secondhand smoke. <Amended by Ordinance No. 5159, Sep. 29, 2011>
(3) The shape, size and methods of posting No Smoking signs, the marking methods of demarcation under paragraph (1), and other necessary matters shall be prescribed by the Enforcement Rule. <Amended by Ordinance No. 5159, Sep. 29, 2011>

Article 8 (Establishment, etc. of Smoking Areas) (1) The owner, occupant or manager of a non-smoking area designated pursuant to Article 5 (1) may establish and operate a smoking area within such non-smoking area: Provided, That the establishment and operation of such non-smoking area shall be prohibited in a playground for children under Article 5 (1) 1 and a place under Article 5 (1) 2 through 5.
(2) When the owner, occupant or manager of a non-smoking area establishes a smoking area pursuant to paragraph (1), he/she shall comply with the following:
1. He/she shall post a Smoking Allowed sign in a highly noticeable place;
2. He/she shall determine the extent, location, etc. of the smoking area in consideration of the size and characteristics of the relevant place, the possibility of harm from secondhand smoke, etc.;
3. He/she shall install ventilation facilities for sufficient ventilation: Provided, That he/she may not install ventilation facilities where natural ventilation is possible;
(3) The shape and size of, and methods of posting, a Smoking Allowed sign and the marking methods of demarcation under paragraph (2) 1 shall be prescribed by the Enforcement Rule.
[This Article Wholly Amended by Ordinance No. 5159, Sep. 29, 2011]

Article 9 (Anti-Smoking Education and Support for Promotion Thereof) (1)The Mayor may support anti-smoking education provided by private organizations and schools of any level and, if he/she deems it necessary, provide such education under his/her own jurisdiction.
(2) The Mayor may entrust any corporation or organization that establishes and operates an anti-smoking education or promotion center, or engages in any business for health improvement with tasks related to education and promotion, within budgetary limits.
(3) In order to ensure the efficient promotion of anti-smoking promotion activities, the Mayor may commission volunteer workers for anti-smoking campaigns (including any volunteer organization) to conduct public relations activities in non-smoking areas.
(4) In order to prevent harm from secondhand smoke, the Mayor may support businesses or multi-unit housing buildings that recommend giving up smoking in posting specific signs, etc.
[This Article Wholly Amended by Ordinance No. 5159, Sep. 29, 2011]

Article 10 (Fines for Negligence) (1)The Mayor shall impose and collect a fine for negligence of 100 thousand won on a person who smokes tobacco in any non-smoking area in violation of Article 5 (4).
(2) The procedures of imposing and collecting fines for negligence under paragraph (1) shall be governed by the Act on the Regulation of Violations of Public Order.
[This Article Wholly Amended by Ordinance No. 5159, Sep. 29, 2011]

Article 11 (Delegation of Duties) When the Mayor designates an urban park mentioned in Article 5 (1) 1 as a non-smoking area, he/she shall delegate his/her duties to impose and collect fines for negligence to the subsidiary organ of the Seoul Metropolitan Government and the head of the branch office responsible for the management of the urban park pursuant to the Seoul Metropolitan Government Ordinance on Urban Parks.
[This Article Newly Inserted by Ordinance No. 5159, Sep. 29, 2011]

ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force on March 1, 2011.
Article 2 (Repealed Ordinance)
The Seoul Metropolitan Government Ordinance on Creation of Antismoking Environment and Support Therefor is hereby repealed on the enforcement date of this Ordinance.
ADDENDUM <Ordinance No. 5159, Sep. 29, 2011>
This Ordinance shall enter into force on the date of its promulgation.