담배통제입법에 관한 한국적 시론

Abstract

The act for tobacco business promotion and the act for people's health promotion coexist in Korea causing the conflicts. While the Tobacco Business Act emphasized on mainly the state's financial and economic aspects by describing the operation and control of tobacco business, the National Health Promotion Act states the measures of warning on harms caused by tobacco, prohibition of advertising, and sales limitation for public's health. In addition to these legal problems, it is not acceptable to continue the Tobacco Business Act that is completely opposite to the establishment of active social welfare policies for the quality improvement of people's life. The Tobacco Business Act whose objective is tobacco business promotion should be abolished to meet and follow such a desire for health, international trend, and WHO FCTC. In order to achieve both objectives, there are two possibilities: substitutive legislation and enactment of independent statute. The operation and control of corporations in the existing Tobacco Business Act can be substituted by the Company Act on the Commercial Act, and the finance part would be satisfied by applying the alcohol tax with respect to the Local Grant Act. Moreover, the health part can be substituted by the National Health Promotion Act. Moreover, it would be more proper to leave the tobacco related matters under the control of the Ministry of Health and Welfare and establish the legislative policy such as the enactment of Non-Smoking Promotion Act according to the WHO FCTC and other international standards through this process