합리적 흡연 규제에 대한 헌법적 고찰

Abstract

A rule to prohibit smoking is in principle to realize community public welfare to keep protection of freedom of a health increase of a smoker and a non-smoker and the right to be free from smoking of a non-smoker by an article 6, a clause 1 of an enforcement regulation of national health promotion act which did grounds in an article 9, a clause 4, a number 24 of national health promotion act of our country recently among all offices. And a little, a smoking prohibition method among all offices choosing in an article 6, a clause 1 of an enforcement regulation of national health promotion act which did grounds in an article 9, a clause 4, a number 24 of national health promotion act though it protect a healthy increase of a smoker and a non-smoker and a right of a non-smoker. Therefore, this same rule and enforcement regulation is not violated a principle of conformity of methods in a principle of balancing test. Besides, an article 6, a clause 3 of an enforcement regulation of national health promotion act and an annexed list 2 of a standard and a separate table to install a cover and a smoking room to tell about a nonsmoking area in about a method which did grounds in an article 9, a clause 4, a number 24 of national health promotion act prescribes installs an extra smoking room in all office inside, and to install a ventilation institution for discharge of sake cellar, cigarette smoke. Therefore, this same a rules, an enforcement regulations and an annexed list lets it minimize the right to Smoke infringement possibility of a smoker. Therefore, this same a rule, an enforcement regulation and an annexed list is not violated a principle of the smallest infringement in a principle of balancing test. In addition, Public benefit of a healthy increase of the nation who is going to carry it out by this rule is bigger than a personal interest of the smoking zone of a smoker infringed by an article 6, a clause 1 & 3 of an enforcement regulation of national health promotion act which did grounds in an article 9, a clause 4, a number 24 of national health promotion act and and an annexed list 2 of a standard and a separate table to install a cover and a smoking room to tell about a nonsmoking area in about a method. Therefore, this same a rules, an enforcement regulations and an annexed list is not violated a principle of balance of the benefit and protection of the law in a principle of balancing test. In our country, reference must do a smoking regulation legislation to keep full-scale prohibition of smoking globally at an indoor place for decrease of smoking rate and a public place from now on. Therefore, our country must enforce a law of the smoking regulation that is an efficient plan a healthy increase of the nation positively.