리스크의 관점에서 본 담배규제의 법적 쟁점

Tobacco has become the subject of contentious legal debates in many areas and dimensions of law including public and private law as well as the judicial and legislative fields. Analyses of the details and limits of these discussions tell us that various legal issues surrounding tobacco are in essence different forms of issues involved in tobacco regulation. In other words, those tobacco issues discussed in each area and dimension of law according to its own legal theory and policy are in fact about the justification, foundation and structure of the tobacco regulation. In this sense, one can say that the various legal issues related to tobacco are organically connected to each other. If so, how or through what they are connected? This article aims to propose an answer to this question. If various tobacco related legal issues and debates are essentially the issues involved in the tobacco regulation, the legal nature of tobacco, as a subject of the public regulation could be the answer. Thus, this article first examines legal issues being discussed in the various legal debates on tobacco, then establishes the legal concept of risk, and finally explains, from the public regulation perspective, why the legal nature of tobacco is a risk.