청소년 보호를 위한 음주･흡연에 대한 규제(제재) 현황과 개선방안

Abstract

To protect youth various regulations (sanctions) policy on alcohol and tobacco are in progress. However, the drinking rate and smoking rate among teenagers have not changed much over the past decade. And the ability of purchasing alcohol and tobacco also reached 75.4 percent and 73.9 percent respectively as of 2018. These statistics raises strong doubts in us about the effectiveness of the current policy of restricting alcohol and tobacco for teenagers. To strengthen the effectiveness of regulations (sanctions) on alcohol and tobacco, the following improvements are necessary: (1) All regulations on alcohol and tobacco for teenagers shall be included in the regulation category of the Youth Protection Act. (2) Advertising regulations for teenagers’ drinking should also be changed to positive regulations because alcohol and tobacco are equally significant adverse effects on youth health. (3) The details of prohibition and acceptance of alcohol and tobacco advertising shall be prescribed up to the law since they are related to the rights and obligations of the people, (4) There shall be a new regulation to punish against violations of the standards of alcohol advertising. In addition, the regulation on punishment against violations of the Order of Change or Prohibition against violations of the standards of alcohol advertising should be strengthened. (5) In relation to the prohibition of advertisements for alcohol, the subject of the offences shall be clearly defined. The contents of punishment against non-adopting of adult certification devices for cigarette vending machines should be strengthened as well. In addition, Sanctions against violation of non-smoking areas and marking obligations in youth facilities should be newly enacted. (6) The age verification obligation shall be stipulated in an active form, as in the Japanese legislation. And Regulations concerning the request for presentation of vouchers for age verification, in relation to the age verification obligation of the alcohol or tobacco sellers etc., shall be newly prescribed. (7) Considering the intent of introducing the system, a system of exemption from administrative sanctions also needs to be recognized for criminal punishment under the Youth Protection Act and suspension of business under the Tobacco Business Act.