'The 50 billion won tobacco lawsuit' is nearing its conclusion in the second trial. This lawsuit was filed by the National Health Insurance Service (NHIS), which demanded that tobacco companies KT&G, Korean Philip Morris, and BAT Korea pay for medical expenses incurred in treating smokers diagnosed with cancer, and it has been ongoing for 11 years.
According to the medical and legal communities on the 21st, the Seoul High Court Civil Division 6-1 (presiding Judge Kim Je-wook) has scheduled the final pleading date for the damages lawsuit filed by the NHIS against the tobacco companies for next month on the 22nd. The ruling date will be set after the court completes the final pleading, at which time the conclusion of the second trial for the tobacco lawsuit will be announced.
◇“Smoking causes cancer” vs “No causal relationship recognized”
The tobacco lawsuit dates back to April 2014. At that time, the NHIS filed a damages lawsuit against tobacco companies for about 53.3 billion won. It demanded the return of the amount spent on treating 3,465 patients diagnosed with lung cancer (small cell carcinoma and squamous cell carcinoma) and laryngeal cancer (squamous cell carcinoma) over a 10-year period from 2003 to 2013.
The key issue is whether there is a causal relationship between smoking and the incidence of cancer and whether tobacco companies can be held responsible. The first trial's judgment came out in November 2020, six years after the NHIS filed the lawsuit. The Seoul Central District Court Civil Division 22 (presiding Judge Hong Gi-chan) ruled that "it is difficult to recognize a direct causal relationship between smoking and cancer," favoring the tobacco companies. It stated there is a possibility that cancer could also have been caused by family history, personal habits, surrounding environments, or other factors.
The NHIS appealed in December of that year, and the case moved to the second trial. The NHIS submitted a new statement from lung cancer patient A (86) to the second trial court. Choi Jong-sun, the attorney representing the NHIS from Bae, Kim & Lee LLC, noted, "The purpose is to prove that there are no other significant factors causing A's lung cancer apart from smoking." A's statement was accepted as evidence in the trial.
A stated, "I have been smoking for decades since my 20s." He quit smoking in the late 1990s but was diagnosed with lung cancer in 2010. He had no family history of cancer except for prostate cancer (self and brother) and stated that he drank very little alcohol after quitting smoking and exercised frequently. This suggests that it was due to past smoking that he developed lung cancer.
In the first trial of the tobacco lawsuit, responsibility was also disputed over the tar and nicotine content. The NHIS argued during the first trial that tobacco companies did not reduce the harmful ingredient tar or the addictive nicotine, but rather used additives to enhance the flavor and aroma of cigarettes.
However, the first trial court did not acknowledge the responsibility of the tobacco companies. The court stated, "Consumers intend to experience the pharmacological effects that nicotine provides stability while smoking," adding, "If nicotine is removed, such effects cannot be obtained." Since nicotine is a characteristic of the product called tobacco, responsibility cannot be attributed to the tobacco company for that ingredient.
◇The U.S. receives large settlements from tobacco companies
Currently, the Korean Supreme Court views responsibility for diseases caused by smoking as lying with the smokers. In April 2014, the Supreme Court ruled in favor of tobacco companies in a lawsuit filed by 30 individuals who claimed they developed cancer due to smoking, arguing that it cannot be definitively concluded that smoking is 100% responsible for lung cancer. Following this ruling, the NHIS filed a damages lawsuit against tobacco companies, asserting that the government should take action instead of individuals; however, the first trial court adhered to the Supreme Court's precedent.
In contrast, the United States has seen cases where state governments have sued tobacco companies and received settlements. In 1998, all 50 state governments, including Mississippi, filed a lawsuit against companies like Philip Morris and RAY Reynolds, demanding that they cover the medical expenses incurred in treating smoking-related diseases, which led to a settlement of $246 billion (approximately 350 trillion won).
Even in the United States, when the first tobacco lawsuits were filed in the 1950s, tobacco companies were winning. However, in 1994, researchers from tobacco companies made a conscience declaration revealing the addictive nature and dangers of tobacco, creating a social atmosphere that called for increased responsibility for tobacco companies.
The medical community sees that the NHIS's progress in the tobacco lawsuit also serves to inform the public about quitting smoking. The NHIS plans to conduct a nationwide petition campaign to gather 1 million signatures in support of the tobacco lawsuit by next month. An NHIS official stated, "This aims to create public consensus ahead of the second trial ruling." Tobacco companies have stated, "We will sincerely participate in the second trial."