Act on Banning the Manufacture and Sale of Tobacco Products

(Draft Version of Bill)
Revised Draft Bill submitted to National Assembly of Korea, Nov 11, 2008

Article 1 (Purpose)
The purpose of this Act is to protect the people from the harmful effects of smoking by banning the manufacture and sale of tobacco products, thereby guaranteeing the people's right to a healthy lifestyle and contributing to the improvement of public health.

Article 2 (Definition)
The term 'tobacco products' shall mean any products made entirely or partly of the leaf of tobacco as raw material and which are manufactured to be used for smoking, chewing or snuffing.

Article 3 (Prohibition of the Manufacture and Sale of Tobacco Products)
No person shall commit acts falling under any of the following subparagraphs:
1. An act of manufacturing tobacco products, or an act of manufacturing, importing, selling, brokering the sale of, or possessing and carrying raw material that is used in the production of tobacco products
2. An act of importing or exporting tobacco products or an act of possessing tobacco products for the purposes of importation or exportation
3. An act of selling or brokering the sale of tobacco products or an act of possessing tobacco products in order to sell or broker the sale of them
4. An act of providing another person with any homestead, land, facilities, machinery, equipment, or funds under one’s ownership or possession in order to knowingly help another person commit any offence specified in the above three subparagraphs of this article.

Article 4 (Formulation and Implementation of Smoking Cessation Treatment Plan)
1. The Minister for Health, Welfare and Family Affairs shall formulate and implement the basic plan for smoking cessation in order to assist all the smokers who intend to quit smoking to take smoking cessation treatment.
2. The Minister and the heads of the local governments shall formulate and implement an annual smoking cessation treatment plan according to the above-mentioned basic plan.
3. Matters to be included in the basic plan shall be prescribed by Presidential Decree.

Article 5 (Expenses for Smoking Cessation Treatment)
1. The expenses necessary for smoking cessation treatment shall be borne by the government.
2. Employers shall not dismiss their employees or give them unfair treatment for taking smoking cessation treatment.

Article 6 (Provision of Subsidy)
1. When a tobacco cultivator stops producing tobacco leaves and switches to another occupation(hereinafter referred to as “occupational change”), the government may provide him with a subsidy to assist him in paying for all or part of the costs the occupational change may have incurred.
2. The entitlement to subsidy and the amount of subsidy under paragraph (1) shall be prescribed by Presidential Decree.

Article 7 (Request for Purchase)
1. When a tobacco manufacturer switches to another business and ceases all activities involved in tobacco production, the government may provide it with assistance.
2. The tobacco manufacturer may petition the government to purchase those assets owned by the tobacco manufacturer that were required for manufacturing tobacco products.
3. The time frame and methods of assessing purchasing prices under paragraph (2) shall be prescribed by Presidential Decree.

Article 8 (Procurement of Financial Resources)
The government shall raise the funds necessary to finance smoking cessation treatment programs, the occupational change of tobacco cultivators.  

Article 9 (Penal Provision)
Any person who violates the provisions of Article 3 of this Act shall be punished by imprisonment for not more than five years, or by a fine not exceeding fifty million won

Article 10 (Confiscation)
All tobacco products, facilities, equipment, funds, means of transport, and profit associated with the commission of an offence under this Act shall be confiscated.  In the event that confiscation of these items is not possible, the value thereof shall be additionally collected from the offender.


Article 1 (Enforcement Date)
This Act shall enter into force ten years after the date of its promulgation.  Articles 4 through 8 of this Act and Article 3 of the addenda, however, shall enter into force on the date of its promulgation.

Article 2 (Repeal)
The Tobacco Business Act shall be repealed.
Article 3 (Case of Application)
Articles 6 and 7 of this Act shall be applicable to the tobacco cultivators and manufacturers at the time this Act enters into force.

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