A legal loophole that enables tobacco and e-cigarette products to be sold near daycare centers is fanning criticism from the public.
The Educational Environment Protection Act in Article 9 bans the sale of tobacco and related products in educational environment protection zones -- areas within 200 meters of educational facilities, including kindergartens and schools. The law was revised in July to also ban e-cigarette sales starting in 2026.
However, daycare centers are not defined under the law as educational facilities. Daycare centers are legally defined as nursing facilities, and while smoking inside them -- along with medical facilities, government buildings and educational facilities -- has been forbidden since the early 2000s, there is no ban yet on nearby sales of tobacco or vape products.
South Korea recently passed a law designating nursing facilities and educational facilities as "protective zones" under the Road Traffic Act, which restricts vehicle speed and mandates the installation of pedestrian infrastructure such as traffic lights and crosswalks.
Areas within 10 meters of daycare centers have been designated as no-smoking zones since December 2018.
The revision designating educational environment protection zones around daycare centers, however, has remained pending at the National Assembly since the August 2020 proposal.
A Ministry of Education official told local media outlets that the government is moving "in the direction" of including daycare centers in educational protection zones, and said "reviews are needed on the specifics."
minsikyoon@heraldcorp.com
