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Sat, June 3, 2023 | 08:10
Health insurer to sue tobacco firms
건보공단 이사장 "담배소송 오래 준비…증거 확보"
Posted : 2014-01-24 18:46
Updated : 2014-01-24 18:46
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National Health Insurance Service (NHIS) President Kim Jong-dae speaks during a board meeting convened to decide on a compensation suit against tobacco companies at the insurance agency's main office in Yeomri-dong, Seoul, Friday. / Yonhap
National Health Insurance Service (NHIS) President Kim Jong-dae speaks during a board meeting convened to decide on a compensation suit against tobacco companies at the insurance agency's main office in Yeomri-dong, Seoul, Friday. / Yonhap

NHIS seeking up to W333 bil. damages, snubs gov't opposition

By Nam Hyun-woo


The National Health Insurance Service (NHIS) will file a damages suit against KT&G and other tobacco companies, seeking up to 333 billion won in damages.

This will be the nation's first compensation suit against cigarette makers brought by a public agency.

At a board meeting Friday, the NHIS decided to sue the companies for the 333 billion won in estimated costs related to treating smoking-related diseases.

The board members agreed to leave the decision on the timing of the suit to NHIS President Kim Jong-dae.

"All cigarette companies operational in Korea could be defendants," said an official. "The NHIS will file the suit as soon as possible," she added.

The amount was based on costs that the service has paid to treat small-cell and squamous carcinoma, which a local court ruled are caused by smoking, according to the NHIS.

The agency said that it will do its utmost to win the suit as an insurer of public health, and work with lawmakers to table a bill that will force cigarette companies to pay a certain amount of the treatment costs for patients suffering smoking-related diseases.

It has long said it will file a suit against KT&G, the largest cigarette-maker in Korea, and other tobacco companies to recover the costs of treating smoking-related diseases.

The decision was made amid the government's opposition to the NHIS's legal action. The Ministry of Health and Welfare opposes the suit, and requested a day earlier that the insurance body be "discreet" and not make any decision at the board meeting.

Of thirteen board members in attendance, eleven voted for and two against. The board is comprised of six NHIS officials, six civic group members and three government officials.

Kim wrote on his blog earlier that the ministry sent an official document to the NHIS to that effect, but the body would carry on with the board meeting.

The document reads: "The ministry understands the purpose of the NHIS filing the suit, but it wants the board not to vote on it and just discuss the agenda. Compared to overseas cases, the possibility of the NHIS winning is very low and the cost will be a financial burden to the body."

A ministry official also said that it was "premature" for the board to vote on the issue.

"The ministry believes that more study needs to be done on details, such as the insurance body's eligibility as a plaintiff, the amount to be sought as a litigation settlement and evidence proving tobacco companies' illegalities before the NHIS files the suit," he said.

The insurance firm has been studying the harm induced by smoking and gathering supporting evidence for a long time. "The suit is a due task for us as the insurer of national health," the NHIS official said.

Cigarette companies showed opposition to the NHIS move. The Korea Tabacco Association, whose members are tobacco makers in and outside the country, said in statement: "There is no illegality or fault in the commercial activities of cigarette makers. It should reconsider whether filing the suit is the best option it can make to settle its cash-strapped financial status."

A number of civic groups support the NHIS move.

The Citizens' Coalition for Economic Justice, a civic group dedicated to socioeconomic advocacy issues, said in a statement that, "Citizens are appalled at the ministry's lenient manner in dealing with the tobacco issue. For public health, the NHIS's tobacco suit should be filed without delay."


건보공단 이사장 "담배소송 오래 준비…증거 확보"

건강보험공단이 담배회사를 상대로 흡연 피해 소송에 나설지 결정하는 공단 이사회를 몇 시간 앞두고 김종대 이사장이 담배소송 에 대한 자신감을 내비쳤다.

김 이사장은 24일 오전 블로그에 올린 '담배소송 이사회를 앞두고'라는 글에서 '공단은 담배소송을 위해 오랜 기간 연구하고, 빅데이터를 활용해 담배 폐해의 객관적 증거를 확보해왔다'며 '사회적 정의와 절차적 정당성에 맞도록 정해진 규정과 절차에 따라 (소송을) 준비했다'고 밝혔다.

아울러 그는 지금까지 담배소송 안건이 건보공단 이사회에 상정되기까지 과정을 간략하게 소개했다.

특히 김 이사장은 '(작년) 12월 30일 블로그에 올린 글에서 공단 빅데이터와 국립암센터 자료를 연계, 2002~2012년까지 소세포암과 편평세포암으로 발생한 공단 부담금 600억원에 대해 시범소송을 제기할 수 있음을 밝혔다'며 1차 소송 예상규모에 대한 생각도 내비쳤다.

이날 오후 5시 시작되는 공단 이사회는 두 번째 안건으로 담배회사 상대 소송 여부를 논의할 예정이다.

이 자리에서 재적 이사의 과반수가 찬성하면 공단은 앞으로 언제든지 소송에 나설 수 있게 된다. 소송 방법이나 대상, 피해 주장 범위, 시기 등은 이사회가 공단측에 위임할 가능성이 크다.

하지만 건보공단에 대한 지시·감독 권한을 가진 보건복지부는 담배 소송 안건을 이사회에 '의결 사안'이 아닌 '보고 사안'으로 보고하라고 지시하며 신중한 입장을 보여 갈등이 예상되고 있다.

공단 이사회는 김종대 이사장과 상임이사 5명, 감사 1명, 노동단체·사용자단체·시민단체·소비자단체·농어업인단체·노인단체 인사 6명, 기획재정부·보건복지부·안전행정부 인사 3명 등 모두 15명으로 구성됐다.
Emailnamhw@ktimes.co.kr Article ListMore articles by this reporter
 
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