[Alpha Biz= Kim Jisun] The National Health Insurance Service (NHIS) of Korea announced on Tuesday that it has filed an appeal with the Supreme Court in its tobacco lawsuit, seeking to hold tobacco manufacturers accountable for health damage caused by smoking.

NHIS said the appeal aims to correct legal errors in the appellate court’s ruling on key issues, including the causal relationship between smoking and disease, manufacturers’ product liability and tort responsibility, and the structure under which a public insurer bears medical costs related to smoking-related illnesses. The agency stated that it is seeking a sound judgment from the nation’s highest court on these fundamental legal questions.

The appellate court based its decision on the premise that the harmfulness and addictiveness of tobacco were widely recognized by society in the 1960s and 1970s. NHIS, however, argues that this assumption does not align with objective facts when considering the limited access to scientific information at the time, tobacco companies’ practices of concealing or downplaying health risks, and the level of government regulation in that era. NHIS said the Supreme Court should comprehensively re-examine liability determinations that were made on the basis of such flawed premises.

The tobacco lawsuit filed by NHIS seeks compensation from tobacco manufacturers for medical expenses incurred due to smoking-related cancers, including lung cancer (squamous cell carcinoma and small cell carcinoma) and laryngeal cancer (squamous cell carcinoma), which have well-established links to smoking. The total damages sought amount to approximately 53.3 billion won (about USD 400 million).

NHIS emphasized that the case goes beyond an individual dispute and carries significant public interest, involving the protection of the public’s right to health and the social responsibility of corporations.

The agency maintained that tobacco companies should not be regarded as mere sellers of consumer products, but as entities that manufactured and sold harmful substances, and therefore must bear corresponding legal responsibility. Given the extensive body of research clearly establishing a causal link between smoking and lung cancer, NHIS argued that the legal assessment of this relationship should be more clearly articulated.

NHIS also stressed that it is a key issue whether tobacco companies failed to adequately disclose the harmfulness and addictiveness of their products despite being aware of such risks. The agency views this not as a simple lack of explanation, but as a matter of liability arising from knowingly withholding critical information from consumers. NHIS concluded that a ruling by the Supreme Court that reflects public awareness and contemporary societal expectations is warranted.

 

 

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