The case, which pits public health costs against personal responsibility, could reshape the nation’s tobacco policies and set a powerful legal precedent. (Image created by AI/ChatGPT)
SEOUL, May 9 (Korea Bizwire) — South Korea’s medical establishment is uniting in support of the National Health Insurance Service (NHIS) as it prepares for a pivotal appeals court hearing in its landmark lawsuit against major tobacco companies over smoking-related health costs.
The NHIS filed a 53.3 billion won ($37 million) damage claim in 2014 against KT&G, Philip Morris Korea, and BAT Korea, seeking reimbursement for treatment expenses it paid on behalf of 3,465 patients who developed lung or laryngeal cancer after decades of heavy smoking.
Although the agency lost in the initial ruling, it appealed in December 2020, and the 12th hearing in the ongoing appellate case is scheduled for May 22.
The case has gained renewed attention in recent weeks as major health institutions and medical associations issued public statements urging the court to rule in favor of the NHIS.
South Korea is set to advocate for the reduction of smoking depictions in online video services such as YouTube and Netflix. (Image courtesy of Yonhap)
On Thursday, the National Cancer Center, joined by 17 medical and public health organizations including the Korean Medical Association, the Korean Hospital Association, and the Korean Pharmaceutical Association, released a joint statement backing the lawsuit.
“Smoking is the leading cause of lung and laryngeal cancer and has been scientifically classified as a Group 1 carcinogen by the International Agency for Research on Cancer,” the statement read. “Despite overwhelming evidence, tobacco companies have continued to deny the causal link between smoking and disease.”
The statement accused tobacco firms of spreading misinformation and rejecting decades of scientific consensus, including findings by the World Health Organization, in an attempt to evade accountability.
“This is not a matter of probability but of fact,” the statement declared. “Addiction to smoking is not personal choice — it is the result of deliberate design by tobacco companies.”
Separately, 26 cancer-related academic societies, including the Korean Lung Cancer Society and the Korean Cancer Association, also issued a statement in support of the NHIS. “The tobacco industry knowingly concealed the dangers of nicotine addiction and should be held fully accountable,” the groups stated, calling the trial “a test of social justice and the state’s duty to protect public health.”
At the heart of the legal battle is whether the NHIS has the standing to directly claim damages from tobacco companies for public health costs. The May 22 session is expected to focus on legal arguments surrounding this question, as well as how damages are calculated.
The outcome could have wide-reaching implications for public health litigation in South Korea, potentially setting a precedent for holding corporations financially responsible for the societal cost of harmful products.
M. H. Lee (mhlee@koreabizwire.com)
