IN THE NEWS:
" The nation's top court on Thursday threw out a damages suit filed by ailing smokers seeking compensation from the country's largest tobacco firm, KT&G, citing the absence of a causal connection between smoking and lung cancer."
" Thursday's court decision ended the last of four compensation lawsuits against tobacco firms brought in Korea, all by individuals or families. So far, there has been no precedent in the country for successful legal action against a tobacco firm."
" Thursday's court decision ended the last of four compensation lawsuits against tobacco firms brought in Korea, all by individuals or families. So far, there has been no precedent in the country for successful legal action against a tobacco firm."
"We the court find Big Tobacco not guilty."
The Supreme Court did acknowledge that smoking was harmful, and recognized its connection to lung cancer. But in ruling for the tobacco company, it also said that smoking was an exercise of personal freedom and noted that it was nearly impossible to prove a direct causal link to individual cases of cancer.
To begin with, it concluded that there was no criminality in the design of tobacco company products because smoking, by its nature, involves inhaling harmful nicotine and tar.
“Consumers inhale because they want the pharmacological effects of nicotine,” the court said. “These effects cannot be obtained if nicotine is eliminated.” The argument is that tobacco companies cannot be held responsible for their design because their products would have a negative effect in any situation that did not involve eliminating inherent characteristics of tobacco.
" The ruling, which comes after a 15-year legal battle, is expected to have major repercussions. To begin with, it will affect a cigarette lawsuit for up to 300 billion won (US $288.3 million) currently being prepared by the National Health Service (NHIS). The NHIS plans to file suit against both KT&G and foreign cigarette makers, citing more than 1.7 trillion won (US $1.6 billion) per year in medical treatment costs due to smoking. But with the Supreme Court recognizing a general link between cigarettes and lung or laryngeal cancer while denying any responsibility for the products made by cigarette companies, the future for the litigation looks bleak."
The Supreme Court did acknowledge that smoking was harmful, and recognized its connection to lung cancer. But in ruling for the tobacco company, it also said that smoking was an exercise of personal freedom and noted that it was nearly impossible to prove a direct causal link to individual cases of cancer.
To begin with, it concluded that there was no criminality in the design of tobacco company products because smoking, by its nature, involves inhaling harmful nicotine and tar.
“Consumers inhale because they want the pharmacological effects of nicotine,” the court said. “These effects cannot be obtained if nicotine is eliminated.” The argument is that tobacco companies cannot be held responsible for their design because their products would have a negative effect in any situation that did not involve eliminating inherent characteristics of tobacco.
" The ruling, which comes after a 15-year legal battle, is expected to have major repercussions. To begin with, it will affect a cigarette lawsuit for up to 300 billion won (US $288.3 million) currently being prepared by the National Health Service (NHIS). The NHIS plans to file suit against both KT&G and foreign cigarette makers, citing more than 1.7 trillion won (US $1.6 billion) per year in medical treatment costs due to smoking. But with the Supreme Court recognizing a general link between cigarettes and lung or laryngeal cancer while denying any responsibility for the products made by cigarette companies, the future for the litigation looks bleak."
“We don’t necessarily crack down on illegal cigarettes for now,” said an official of Dongdaemun police department. “But we will set an investigation plan soon.”
The city and district governments are in charge of countering the illegal trade in cigarettes in Seoul.
“We report illegal cigarette trade to the police if we receive civil complaints,” said a city hall official. “But we don’t implement any regulations ourselves.”
The illegal cigarette trade last year multiplied by 13 compared to the previous year, reaching 43.7 billion won. This year, the amount has reached 66.4 billion won through July. From 2010 to August of this year, 79.8 billion won in tax revenues have been lost, according to a report from the Korea Customs Service received by Rep. Park Maeng-woo.
The city and district governments are in charge of countering the illegal trade in cigarettes in Seoul.
“We report illegal cigarette trade to the police if we receive civil complaints,” said a city hall official. “But we don’t implement any regulations ourselves.”
The illegal cigarette trade last year multiplied by 13 compared to the previous year, reaching 43.7 billion won. This year, the amount has reached 66.4 billion won through July. From 2010 to August of this year, 79.8 billion won in tax revenues have been lost, according to a report from the Korea Customs Service received by Rep. Park Maeng-woo.