The National Health Insurance Service said on the 5th that it filed an appeal with the Supreme Court on the 4th over a lawsuit seeking to hold cigarette manufacturers responsible for health damage caused by smoking.
The service said it will seek the top court's judgment, seeing legal errors in the appellate ruling on major issues, including the causality assessment between smoking and disease, the product liability and tort liability of cigarette manufacturers, and the expense-bearing structure of the public insurer.
The appellate court ruled on the premise that, in the 1960s and 1970s, awareness of the harmfulness and addictiveness of cigarettes was widely known across society. The service, however, said this premise differs from objective facts when comprehensively considering access to scientific information at the time, tobacco companies' practices of concealing and downplaying information, and the level of state regulation. It argued the Supreme Court should reexamine the liability findings made under this premise.
The lawsuit filed by the service seeks to hold cigarette manufacturers liable for medical expenses for cancers strongly associated with smoking, including lung cancer (squamous cell carcinoma and small cell carcinoma) and laryngeal cancer (squamous cell carcinoma).
The service presented as a key issue on appeal that cigarette companies are not merely sellers of a leisure good but entities that manufactured and sold harmful substances and must bear legal responsibility. It also emphasized that the causal link between smoking and lung cancer has been demonstrated by numerous studies.
It also cited as a core issue in assessing liability that cigarette companies recognized the harmfulness and addictiveness of cigarettes yet did not sufficiently disclose this. It argued this is not a matter of mere inadequate explanation but of failing to inform consumers of risks they knew.
The service also said, given the case's social impact and public nature, it is necessary to refer it to the full bench and hold an open hearing.
Chairperson Jeong Gi-seok said, "This appeal is intended to establish legal standards for responsibility for health damage caused by smoking," adding, "We expect the Supreme Court to reach a decision through public discussion."