Article 9(Measures for non-smoking) #
(1) Deleted. <Jun. 7, 2011>
(2) Authorized retailers and other sales agents of tobacco under the Tobacco Business Act shall not install tobacco vending machines and sell tobacco at locations other than those prescribed by Presidential Decree.
(3) Each person who sells tobacco by installing tobacco vending machines at a place prescribed by Presidential Decree pursuant to paragraph (2) shall install an adult verification device thereto, as prescribed by Decree of the Ministry of Health and Welfare. <Added on Jul. 29, 2003; Feb. 29, 2008; Jan. 18, 2010>
(4) The owner, occupant, or manager of any of the following public-use facilities shall designate the whole area of such facility as a non-smoking area and install a sign indicating that the relevant facility is a non-smoking area. In such cases, the owner, occupant, or manager may install smoking rooms for smokers, and the standards, methods, etc. for the installation of signs indicating non-smoking areas and smoking areas shall be prescribed by Decree of the Ministry of Health and Welfare: <Amended on Jun. 7, 2011; Jan. 21, 2014; Dec. 2, 2016; Dec. 30, 2017; Dec. 21, 2021; Apr. 1, 2025>
1. Office buildings of the National Assembly;
2. Office buildings of the Government and local governments;
3. Office buildings of courts under the Court Organization Act and institutions affiliated to such courts;
4. Office buildings of public institutions under the Act on the Management of Public Institutions;
5. Office buildings of local public enterprises under the Local Public Enterprises Act;
6. Schools under the Early Childhood Education Act and the Elementary and Secondary Education Act (including school buildings, playgrounds, and whole premises);
6-2. Alternative educational institutions under the Act on Alternative Educational Institution (including all areas such as classrooms and playgrounds);
7. School buildings of schools under the Higher Education Act;
8. Medical institutions under the Medical Service Act and public health clinics, medical care centers, and branches of public health clinics under the Regional Public Health Act;
9. Childcare centers under the Infant Care Act;
10. Facilities for youth activities, such as youth training centers, youth training establishments, youth cultural halls, specialized youth facilities, youth camps, youth hostels, and facilities for youth under the Youth Activity Promotion Act;
11. Libraries under the Libraries Act;
12. Children's amusement facilities under the Act on the Safety Control of Children's Amusement Facilities;
13. Private teaching institutes for school curriculum and private teaching institutes with a total floor area of at least 1,000 square meters, among private teaching institutes under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons;
14. Waiting areas, boarding areas, and pedestrian underpasses of airports, passenger wharfs, railroad stations, bus terminals, and other transportation-related facilities, and charged transports with a seating capacity of at least 16 passengers for transporting passengers or cargoes;
15. Buses for transporting children under the Motor Vehicle Management Act;
16. Office buildings, factories, and complex buildings with a total floor area of at least 1,000 square meters;
17. Places of public performance under the Public Performance Act with at least 300 seats;
18. Superstores established and registered pursuant to the Distribution Industry Development Act and shopping malls in an underpass, among shopping malls under the aforesaid Act;
19. Tourist lodging facilities under the Tourism Promotion Act;
20. Sports facilities under the Installation and Utilization of Sports Facilities Act with a capacity of at least 1,000 spectators and indoor sports facilities used for sports facility business prescribed in Article 10 of that Act;
21. Social welfare facilities under the Social Welfare Services Act;
22. Public baths under the Public Health Control Act;
23. Juvenile game providing businesses, general game providing businesses, businesses providing Internet computer game facilities, and combined distribution and game providing businesses under the Game Industry Promotion Act;
24. Rest restaurants, general restaurants, and bakeries with a serving area not smaller than the area specified by Decree of the Ministry of Health and Welfare, among food service businesses under the Food Sanitation Act, and automats with an indoor resting space not smaller than the area specified by Decree of the Ministry of Health and Welfare, among food subdivision and sales businesses under that Act;
25. Comic book rental businesses under the Youth Protection Act;
26. Other facilities or institutions specified by Decree of the Ministry of Health and Welfare.
(5) If at least 1/2 of the households residing in a multi-family housing prescribed in subparagraph 3 of Article 2 of the Housing Act requests a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to designate entire or part of the hallway, stair way, elevator, and underground parking lot of the aforementioned multi-family housing as a non-smoking area, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall designate the requested area as a non-smoking area and install a guide sign indicating that the designated area is a non-smoking area. In such cases, the procedure for designating a non-smoking area and the method, etc. of installing the aforementioned guide sign shall be prescribed by Decree of the Ministry of Health and Welfare. <Added on Mar. 2, 2016; Dec. 30, 2017>
(6) In order to prevent damage from smoking and improve health of residents, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall designate each of the following areas as a non-smoking area and install a guide sign indicating that the designated area is a non-smoking area. In such cases, matters necessary for the method, etc. of installing such guide sign shall be prescribed by Decree of the Ministry of Health and Welfare: <Added on Dec. 30, 2017; Aug. 16, 2023>
1. An area within 30 meters of the boundary of a kindergarten facility pursuant to the Early Childhood Education Act (referring to an area provided for public passage and use);
2. An area within 30 meters of the boundary of a child-care center facility pursuant to the Infant Care Act (referring to an area provided for public passage and use).
3. An area within 30 meters of the boundary of a school under the Elementary and Secondary Education Act (referring to an area provided for public passage and use).
(7) If deemed necessary for preventing damage from smoking, and for improving health of residents, local governments may designate a certain area as a non-smoking area within their respective jurisdiction where many people gather or pass by, as prescribed by their municipal ordinance. <Added on May 27, 2010; Mar. 2, 2016; Dec. 30, 2017>
(8) No one shall smoke in any non-smoking area designated pursuant to paragraphs (4) through (7). <Amended on May 27, 2010; Mar. 2, 2016; Dec. 30, 2017>
(9) Where the owner, occupant, or manager of a facility referred to in each subparagraph of paragraph (4) falls under any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order him or her to take corrective measures for a prescribed period: <Added on Dec. 2, 2016; Dec. 30, 2017>
1. Where he or she fails to designate the facility as a non-smoking area or to install a sign indicating that such facility is a non-smoking area, in violation of the former part of paragraph (4);
2. Where he or she fails to follow the standards, methods, etc. of installing a smoking room or a sign indicating that the facility is a non-smoking area as prescribed in the latter part of paragraph (4).
[Title Amended on Dec. 2, 2016]