SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON PREVENTION OF HARM FROM SECONDHAND SMOKE
- Enactment No. 5053, Nov. 04, 2010
- Partial Amendment No. 5159, Sep. 29, 2011
- Partial Amendment No. 5816, Jan. 02, 2015
- Amendment of Other Laws No. 6016, Oct. 08, 2015
- Partial Amendment No. 6025, Oct. 08, 2015
- Partial Amendment No. 6402, Jan. 05, 2017
- Amendment of Other Laws No. 7046, Mar. 28, 2019
- Partial Amendment No. 7188, May. 16, 2019
- Amendment of Other Laws No. 7217, Jul. 18, 2019
- Partial Amendment No. 7649, Jul. 16, 2020
- Partial Amendment No. 7848, Jan. 07, 2021
- Partial Amendment No. 8377, Mar. 10, 2022
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:
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 "Seoul Government").
Article 4 (Mayor's Responsibilities, etc.)
(1) The Mayor shall devise all measures to prevent harm from secondhand smoke so as to protect citizens' health. <Amended by Ordinance No. 6016, Oct. 8, 2015>
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: <Amended by Ordinance No. 5816, Jan. 2, 2015; Ordinance No. 6016, Oct. 8, 2015>
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.
Article 7 (Notice of Non-Smoking Areas)
(1) Where the Mayor designates any non-smoking area under Article 5, 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; Ordinance No. 6016, Oct. 8, 2015>
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) 3 through 6. <Amended by Ordinance No. 6016, Oct. 8, 2015>
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.
Article 9-2 (Anti-smoking Advisors)
(1) The Mayor may appoint and retain anti-smoking advisors under Article 9-5 of the National Health Promotion Act.
Article 10 (Administrative Fines)
(1) The Mayor shall impose and collect an administrative fine of 100,000 won on a person who smokes tobacco in any non-smoking area in violation of Article 5 (4).
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.
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