NHIS 'Tobacco Lawsuit' Heads to Supreme Court... Justice Noh Kyungpil Presides

The National Health Insurance Service (NHIS) has officially commenced the Supreme Court appeal proceedings in its lawsuit against domestic and international tobacco companies, demanding compensation for losses incurred due to smoking.

On April 21, the Supreme Court assigned the NHIS's damages claim case against KT&G, Philip Morris Korea, and BAT Korea to its third panel, consisting of Justices Lee Heung-gu, Oh Seok-jun, Noh Kyung-pil, and Lee Sook-yeon. Justice Noh Kyung-pil (Judicial Research and Training Institute, Class of 23) will serve as the presiding judge.

In April 2014, the NHIS filed a lawsuit against tobacco companies, seeking a total of 53.3 billion won to recover additional medical costs incurred due to smoking. However, the NHIS lost both the first and second trials.

In November 2020, the court of first instance dismissed the claim, stating that it must be additionally proven that there were no other risk factors besides smoking, such as the period and degree of smoking exposure, lifestyle habits, and family history.

Jung Ki-suk, Chairman of the National Health Insurance Service, is speaking about the second trial loss of a large-scale damages claim lawsuit he filed against major tobacco companies at the Seoul High Court in Seocho-gu, Seoul, last January. Photo by Yonhap News

In January of this year, the appellate court also ruled in favor of the tobacco companies. The appellate panel held that the NHIS had failed to prove the existence of any design or labeling defects in the cigarettes, or any illegal acts, and therefore did not make a judgment on individual causality. The court also made it clear that epidemiological correlation alone between smoking and lung cancer is insufficient to presume causation.

After the appellate court's decision, the NHIS appealed to the Supreme Court, stating that it would seek a proper judgment on key issues such as determining causation between smoking and disease, the liability of tobacco manufacturers for product and illegal acts, and the cost burden structure of a public insurer.

This content was produced with the assistance of AI translation services.