Article 1 (Purpose) The purpose of this Ordinance is to create a non-smoking environment for the improvement of citizens’ health and to protect citizens from the harmful environmental effects of secondhand smoking so as to improve the quality of life. <Amended by Ordinance No. 7188, May 16, 2019>

Article 2 (Definitions) The definitions of terms used in this Ordinance shall be as follows: <Amended by Ordinance No. 7188, May 16, 2019>
1. The term "smoking" means smoking tobacco;
2. The term "secondhand smoking" means suffering adverse effects from another person's smoking;
3. The term "non-smoking environment" means a physical and cognitive environment that helps improve citizens’ awareness of non-smoking and establish a non-smoking culture.

Article 3 (Scope of Ordinance) This Ordinance provides for matters necessary to implement the National Health Promotion Act and non-smoking areas within the jurisdiction of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") are designated and operated under this Ordinance.

Article 4 (Mayor's Responsibilities) (1) The Mayor shall devise measures necessary to create a non-smoking environment and to prevent harm from secondhand smoking so as to protect citizens' health. <Amended by Ordinance No. 6016, Oct. 8, 2015; Ordinance No. 7188, May 16, 2019>
(2) The Mayor shall conduct education and publicity activities regarding the harmful health effects of smoking to create a non-smoking environment. <Amended by Ordinance No. 7188, May 16, 2019>
(3) The Mayor may provide assistance to the legal entities or organizations that conduct investigation, research and publicity activities to create a non-smoking environment and prevent harm from secondhand smoking. <Amended by Ordinance No. 7188, May 16, 2019>

Article 5 (Designation 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; Ordinance No. 7188, May 16, 2019>
1. Urban parks (referring to the urban parks under the Act on Urban Parks, Green Areas, Etc.) and playgrounds for children;
2. Pedestrian streets along a river (referring to the river defined in the River Act);
3. Educational environment protection zones (referring to absolute protection zones among educational environment protection zones under the Educational Environment Protection Act);
4. Areas within 10 meters from the boundary surface of kindergarten facilities under the Early Childhood Education Act and facilities for child care centers under the Child Care Act (referring to areas provided for the passage, use, etc. of the general public);
5. Bus stops within the jurisdiction of the Seoul Government;
6. At around 10 meters from exits of subway stations within the jurisdiction of the Seoul Government;
7. Streets designated to promote citizens' health, and specialized streets;
8. Gas stations;
9. Other places the Mayor deems necessary to prevent harm from secondhand smoking.
(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 or she shall publicly notify the purpose of designation, location, and the scope of such non-smoking area in the Official Gazette of the Seoul Metropolitan Government. <Amended by Ordinance No. 6016, Oct. 8, 2015>
(4) No person shall smoke tobacco in a non-smoking area designated pursuant to paragraph (1). <Amended by Ordinance No. 5159, Sep. 29, 2011>
(5) Where deemed necessary by the Mayor in designating non-smoking areas pursuant to paragraph (1) 4 through 9, he or she may consult thereon with the head of an autonomous Gu. <Newly Inserted by Ordinance No. 7188, May 16, 2019>

Article 6 (Change of Designation of Non-Smoking Areas) (1) Where the Mayor deems it necessary, he or 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) Where the Mayor designates any non-smoking area under Article 5, he or 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>
(2) A No Smoking sign referred to in paragraph (1) shall include a description of the purpose of establishing the non-smoking area and the prevention of harm from secondhand smoking. <Amended by Ordinance No. 5159, Sep. 29, 2011>
(3) The shape and size of, and methods of posting, No Smoking signs, the marking methods of demarcation under paragraph (1), and other necessary matters shall be prescribed by rule of the Seoul Government. <Amended by Ordinance No. 5159, Sep. 29, 2011>
(4) Where hallways, stairs, elevators, and underground parking lots of multi-family housing under subparagraph 3 of Article 2 of the Housing Act are wholly or partially designated as non-smoking areas, the Mayor may partially subsidize the posting of No Smoking signs within budgetary limits. <Newly Inserted by Ordinance No. 6402, Jan. 5, 2017>

Article 8 (Establishment 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 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>
(2) Where the owner, occupant or manager of a non-smoking area establishes a smoking area pursuant to paragraph (1), he or she shall comply with the following:
1. He or she shall post a Smoking Allowed sign in a highly noticeable place;
2. He or 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 smoking, etc.;
3. He or she shall install ventilation facilities for sufficient ventilation: Provided, That he or 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, the marking methods of demarcation under paragraph (2) 1, and other necessary matters shall be prescribed by rule of the Seoul Government.
[This Article Wholly Amended by Ordinance No. 5159, Sep. 29, 2011]

Article 9 (Creation of Non-Smoking Environment) (1) The Mayor may support anti-smoking education provided by private organizations and schools of any level and, if he or she deems it necessary, provide such education under his or her own jurisdiction.
(2) The Mayor may entrust any corporation or organization that establishes and operates an anti-smoking education or promotion center to create a non-smoking environment or conducts projects for health improvement, such as the creation of a non-smoking environment, with matters relating to education or promotion within budgetary limits. <Amended by Ordinance No. 6016, Oct. 8, 2015; Ordinance No. 7188, May 16, 2019>
(3) In order to efficiently pursue anti-smoking promotion activities to create a non-smoking environment, the Mayor may commission volunteer workers for anti-smoking campaigns (including any volunteer organization) to conduct public relations activities in non-smoking areas. <Amended by Ordinance No. 7188, May 16, 2019>
(4) In order to prevent harm from secondhand smoking, the Mayor may support any business or multi-family housing that recommends giving up smoking in posting specific signs, etc.
(5) The Mayor may conduct joint education for anti-smoking advisors retained by autonomous Gus pursuant to Article 9-5 of the National Health Promotion Act and Article 16-5 of the Enforcement Decree of the same Act. <Newly Inserted by Ordinance No. 6016, Oct. 8, 2015; Ordinance No. 7217, Jul. 18, 2019>
[This Article Wholly Amended by Ordinance No. 5159, Sep. 29, 2011]

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.
(2) The term of office for anti-smoking advisors shall not exceed two years: Provided, That where an anti-smoking advisor is required to remain in service, his or her term of office may be extended by another term. In such cases, he or she need not undergo the appointment procedure.
(3) In principle, the Mayor shall retain anti-smoking advisors within his or her jurisdiction: Provided, That upon receipt of a request by the Minister of Health and Welfare to assist with joint efforts against smoking, the Mayor may transfer such anti-smoking advisors to an area outside his or her jurisdiction.
(4) The Mayor may have anti-smoking advisors independently perform their duties in accordance with the Seoul Government's plan for supervision and inspection.
(5) When an anti-smoking advisor independently performs his or her duties under paragraph (4), he or she shall obtain written approval therefor and present such written approval and a certificate of anti-smoking advisor to related persons.
(6) The Mayor may pay anti-smoking advisors activity allowances within budgetary limits. <Amended by Ordinance No. 7188, May 16, 2019>
(7) Necessary matters, such as written approval or certificates of anti-smoking advisor under paragraph (5), shall be separately determined by the Mayor. <Amended by Ordinance No. 7188, May 16, 2019>
[This Article Newly Inserted by Ordinance No. 6016, Oct. 8, 2015]

Article 10 (Administrative Fines) (1) The Mayor shall impose on and collect from a person who smokes tobacco in any non-smoking area in violation of Article 5 (4) an administrative fine of 100,000 won.
(2) The procedures of imposing and collecting administrative fines 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) Where the Mayor designates an urban park referred to in Article 5 (1) 1 as a non-smoking area, he or she shall delegate his or her duties to impose and collect administrative fines 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 of the Seoul Government)
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.
ADDENDUM <Ordinance No. 5816, Jan. 2, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6016, Oct. 8, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6025, Oct. 8, 2015>
This Ordinance shall enter into force on the date of its promulgation: Provided, That Article 5 (1) 6 shall enter into force on April 1, 2016.
ADDENDUM <Ordinance No. 6402, Jan. 5, 2017>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 7046, Mar. 28, 2019>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Ordinance No. 7188, May 16, 2019>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7217, Jul. 18, 2019>
This Ordinance shall enter into force on the date of its promulgation.