The World Health Organization (WHO) noted that "85% of lung cancer patients are caused by smoking" and supported the National Health Insurance Service (NHIS)'s lawsuit against tobacco companies.
The NHIS filed a lawsuit for 53.3 billion won against tobacco companies KT&G, Korea Phillip Morris, and BAT Korea in 2014. The lawsuit demands compensation for medical expenses incurred for 3,465 patients diagnosed with lung and laryngeal cancer due to smoking.
The first trial resulted in a victory for tobacco companies. The judgment was that tobacco companies are not liable for damages because there are possibilities of cancer arising from other factors such as family history, personal habits, and environmental conditions, besides smoking. The NHIS appealed, and the case has moved to the appellate court. The NHIS is submitting new evidence to the court to clarify the causal relationship between smoking and cancer. The appellate ruling is expected to be issued as early as July of this year.
◇"Serious tobacco addiction, only 4% succeed in quitting"
According to the medical and legal circles on the 23rd, the NHIS recently submitted a statement written by the WHO to the 6-1 Civil Division of the Seoul High Court. Tobacco companies are actively marketing in Asia, including Korea. The WHO has expressed interest in the NHIS's lawsuit outcome, believing it will have a significant ripple effect in Asia.
An NHIS official said, "In the United States and Canada, individuals or the government have filed lawsuits for damages, acknowledging the responsibility of tobacco companies, but there are no related cases in Asia," adding, "Depending on the lawsuit outcome, movements to hold tobacco companies accountable for smoking-related harm are expected to spread in Asia."
The WHO stated in their opinion letter, "The International Agency for Research on Cancer concluded that smoking increases the likelihood of all types of lung cancer" and noted, "Because nicotine in tobacco causes addiction, the probability of smokers successfully quitting is only 4%."
Smoking just one cigarette causes nicotine to enter the bloodstream, increasing dopamine (a neurotransmitter) levels in the brain. Ultimately, smokers feel a desire to continue smoking. The NHIS believes that tobacco companies manipulated nicotine to induce tobacco addiction and must be held responsible for the resulting cancers among the public.
◇The second trial's conclusion expected in the second half of this year
Tobacco companies assert that smoking is a matter of personal free will, claiming that smokers chose to smoke based on their preferences. The NHIS counters that it has only recently provided adequate warnings about the dangers of smoking in Korea, and therefore, individuals who have smoked for decades were unaware of its hazards. Warnings on cigarette packs were small on the sides in the 1970s and 1980s and were not displayed on the front and back until 1995. Warning images on cigarette packs were only introduced in 2016.
Tobacco companies argue that the cause of lung cancer cannot be definitively attributed to smoking. The NHIS presented research findings to the court showing that smokers who have either smoked for more than 30 years or smoked a pack a day for more than 20 years have a 54-fold higher risk of developing small cell lung cancer compared to non-smokers. They also face increased risks of squamous cell lung cancer (21-fold) and squamous cell laryngeal cancer (8-fold). In contrast, genetic factors contribute to only a 1.2 to 1.8-fold difference in cancer risk. This indicates that smoking significantly increases the likelihood of carcinogenicity over family history.
The NHIS stated, "60,000 citizens die from smoking each year," claiming, "The state has a responsibility to protect public health in an era of population decline." The court is expected to set a ruling date after receiving additional reference documents from both the NHIS and tobacco companies. The second trial ruling is anticipated in the second half of this year. It cannot be guaranteed whether the first trial's judgment will be overturned. The Supreme Court's precedent holds that if one contracts a disease from smoking, the responsibility lies with the smoker.