Smoking ban taken to Constitutional Court

By Lee Kyung-min

A group of smokers and restaurant owners have filed a petition with the Constitutional Court to review the constitutionality of a new law banning smoking in all restaurants.

Since Jan. 1, anyone who smokes inside a restaurant is subject to fines of up to 100,000 won ($90), and its owner fines of up to 1.7 million won ($1,500).

The group, consisting of members of I Love Smoking, which represents the interests of smokers and some restaurant owners, held a press conference in front of the Constitutional Court, Tuesday, saying the ban infringes on their rights.

“Many restaurant owners are considering closing down their business altogether, because the number of customers plummeted after the ban,” said group leader Lee Yeon-ik.

“Most of their customers are smokers. They tend to order more food and alcohol while smoking, getting comfortable. Who would want to come and eat with the constant fear of being fined during what was supposed to be the most comfortable time of rest?”

Lee also said such a ban is discriminatory against small- and medium-sized restaurants because smoking is allowed at “room salons.”

“Rich people can smoke all they want in such places because they can afford to pay that much money. Instead, smokers with not a lot of money are being squeezed.”

Restaurant owner Kwon Hyuck-nam, 55, one of some 20 members who filed the appeal, said his business had been seriously compromised by the ban.

“When a number of customers repeatedly go outside and come in, it causes a lot of noise and the restaurant ambience is seriously ruined. Also, in some cases, some of the customers say they go outside for a smoke and they never come back. That’s practically stealing,” Kwon said.

Along the way, unwanted fights between the owner and the customers occur, Kwon added.

“Smokers want to smoke. But it is us that have to pay the fine. We try to have them not smoke, and sometimes it escalates to almost a fight. It is a serious burden,” Kwon added.

Despite the ban, the Ministry of Health and Welfare does allow restaurants to have smoking booths.

However, the owners say this is only worsening the burden for financially strained small- to medium-sized restaurants.