On October 10, 2013, a public hearing on a constitutional appeal case concerning the constitutionality of the Tobacco Business Act took place at the main court room of the Constitutional Court. The key issue at hand was whether the Tobacco Business Act, which regulates the manufacture, sale, and import of tobacco products, infringes the basic human rights of the claimants and thus should be found unconstitutional.

Shin & Kim’s attorneys Ghyo-Sun Park and Gea-Sung Yang, representing the Ministry of Strategy and Finance of Korea, argued that the constitutional appeal must be dismissed as having no merit and for failing to meet the filing requirements for a constitutional appeal. In addition, Ghyo-Sun Park and Gea-Sung Yang of Shin & Kim highlighted that “the key issues in this case are (i) whether the Act infringes non-smokers’ rights and health rights of the claimants, (ii) whether to recognize the right to smoke and (iii) the extent to which such right would be restricted. Smokers’ right to smoke is a constitutional right derived from the freedom of rights. While the right to smoke may be restricted in cases where the harmful effects of tobacco products impede the public health or restrict other basic rights, an outright denial of the right to smoke, including a blanket prohibition on the manufacture, sale and import of tobacco products, cannot be viewed as constitutional, considering the degree of such harmful effect.” 

The transcript of this public hearing is available on the website of the Constitutional Court. The Constitutional Court will make its decision on the case based on the opinions of the claimants, stakeholders, and witnesses.