The final hearing in the appellate trial of a damages lawsuit, in which the National Health Insurance Service (NHIS) is seeking compensation from tobacco companies for losses caused by smoking, will be held on May 22.
According to the legal community on May 22, the Civil Division 6-1 of the Seoul High Court will hold the 12th hearing of the appeal in the 53.3 billion won damages lawsuit filed by the NHIS against KT&G, Korea Philip Morris, and BAT Korea at 4:00 p.m. on the same day. The court is expected to confirm the positions of both the NHIS and the tobacco companies before designating a date for the verdict.
During the hearing, both sides are expected to make their final arguments over issues such as the causal relationship between smoking and the development of lung cancer. This case initially drew attention as it was the first tobacco lawsuit in South Korea in which a public institution participated as the plaintiff. Previously, in April 2014, the NHIS filed a lawsuit with the Seoul Central District Court, demanding reimbursement for medical expenses it had covered due to smoking. The claim amounted to approximately 53.3 billion won, representing the medical costs the NHIS paid between 2003 and 2014 for more than 3,400 individuals who developed lung cancer or similar illnesses after smoking at least one pack per day for over 20 years.
The court of first instance dismissed all of the plaintiff’s claims. At the time, the court stated, "The plaintiff’s expenditure of insurance benefits to medical institutions is merely the execution of funds collected or supported under the National Health Insurance Act," and added, "Even if the payment of insurance benefits resulted in a reduction of property or disadvantage, it is difficult to see this as an infringement of legal rights." The court concluded that the NHIS was not a 'direct victim' eligible to claim damages. The court also found it difficult to recognize a causal relationship between smoking and cancer development based solely on the NHIS’s submitted materials. The court explained, "To establish a causal relationship between smoking and diseases such as lung cancer, additional circumstantial facts must be proven during the evidentiary process to show that there are no other risk factors besides smoking. However, the evidence submitted by the plaintiff only demonstrates that the individuals diagnosed with the disease had a smoking history of over 20 years."
On May 18, the NHIS announced research results from the NHIS Health Insurance Research Institute and Yonsei University Graduate School of Public Health, which tracked 136,965 health screening participants and found that individuals who smoked for 30 years or more than 20 pack-years had a 54.49 times higher risk of developing small cell lung cancer compared to non-smokers. The NHIS hopes for a reversal of the outcome based on newly accumulated research results proving the causal relationship between smoking and disease. Ahead of the appellate verdict, the NHIS is also conducting a nationwide petition campaign to rally public support. Statements of support from medical associations and public health organizations have also followed. Jeong Kisuk, a respiratory medicine specialist and president of the NHIS, is expected to attend the final hearing in person, as he did at the 11th hearing.
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