Public insurer litigation and tobacco industry liability: lessons from the National Health Insurance case in the Republic of Korea

Introduction

Litigation against tobacco companies is a critical mechanism for exposing industry misconduct and advancing accountability for tobacco-related harm.1 2 Its importance has further grown following the adoption of the Expert Group report on liability under Article 19 of the WHO Framework Convention on Tobacco Control (FCTC) at the 11th Conference of the Parties in 2025, as the decision invited Parties to strengthen implementation and to consider the practical policy options outlined in the report.3

In the Republic of Korea (hereafter Korea), the National Health Insurance Service (NHIS), a government agency and the country’s single public health insurer, initiated one such action in 2014, seeking to establish the civil liability of tobacco companies. The trial court rendered a judgement on 20 November 2020, dismissing all claims brought by NHIS.4 On 15 January 2026, the Seoul High Court, the appellate court, issued its decision…

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