By Park Jae-hyuk
The Constitutional Court has ruled that banning smoking in all restaurants is constitutional.
According to the Ministry of Health and Welfare, Thursday, the court recently ruled against a petitioner, a restaurant owner surnamed Lim, who filed the appeal last August against the National Health Promotion Act which prohibits smoking in all restaurants. The act went into effect on Jan. 1, 2015.
Lim claimed that the law violated property rights as it lacked compensation for damages restaurants suffered from the implementation. He also said the law violated his right to pursue happiness as it restricted freedom of restaurant management.
However, all the nine justices of the court unanimously ruled the law was constitutional as it protects customers from secondhand smoke.
“The law does not force restaurant owners to remove or change facilities, so it does not violate Lim’s property rights and right to pursue happiness,” the court said. “The purpose of the law is also proper because it is aimed at protecting other customers’ health from secondhand smoking.”