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An e-cigarette product
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Holding unlit cigarette in hand or between lips not subject to fines
Smokers potentially face fines for even lighting cigarettes in non-smoking zones. But no penalties are to be imposed for those holding unlit cigarettes between their lips. According to the “2019 operational guidelines for designation and administration of non-smoking areas” sent to local governments on Mar. 18 by the Ministry of Health and Welfare and the Korea Health Promotion Institute, local governments are entitled to impose financial penalties any time a person is found smoking in a non-smoking area. Potential fines include 100,000 won (US$88.40) for smoking in public facilities or at daycare centers and kindergartens, 50,000 won (US$44.20) for smoke-free apartments, and up to 100,000 won as determined by ordinance for non-smoking areas designated by local governments. According to the non-smoking enforcement guidelines, penalties may be assessed both for smoking and for holding a lit cigarette in a non-smoking area. Guidelines in the World Health Organization’s Framework Convention on Tobacco Control state that smoking encompasses the possession of any lit tobacco product, regardless of whether smoke from it is being actively inhaled or exhaled. Fines are not to be imposed in cases where a person is merely holding or chewing on an unlit cigarette. Enforcement agents who photograph people smoking in non-smoking areas are not regarded as infringing upon personal information protections. The Personal Information Protection Act states that public institutions are entitled to collect photographic information for the performance of their duties as determined by law. In addition to traditional cigarettes, electronic cigarettes are also subject to crackdowns. Because the items contain nicotine from tobacco leaves, they are categorized as cigarettes according to the Tobacco Business Act. Smoking cessation aids categorized as pharmaceuticals or sanitary aids will not be subject to fines. By Kim Yang-joong, medical correspondent Please direct comments or questions to [english@hani.co.kr]
