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Seoul Appeals Court Rejects NHIS Damages Suit Against Tobacco Companies

The judges found the insurer failed to prove individual causal links required under Korean law.

Overview

  • The Seoul High Court upheld a 2020 district ruling and dismissed the 53.3 billion won claim against KT&G, Philip Morris Korea and British American Tobacco Korea.
  • The lawsuit sought reimbursement for treatment of 3,465 long-term smokers with specific cancers, and about 90% of those patients have died.
  • The court said NHIS payments were made under statutory insurance duties and that population-level data do not establish case-specific causation.
  • NHIS President Jung Ki-suck said the agency will prepare a Supreme Court appeal and described the verdict as disappointing.
  • NHIS has pointed to new analyses, including a reported finding that smoking accounted for 81.8% of lung-cancer risk factors in a subset of patients, but this evidence has not satisfied the court’s standard.