9 Gohap77378 Compensation (as referred to)

1. G1;

Dongjak-gu Seoul Metropolitan Government

2. G2;

3. G3

4. G4.

The above plaintiffs' address Busan Northern-gu

[Judgment of the court below]

[Defendant-Appellant]

1. Korea;

Legal representative Kim Sung-ho

A litigation performer shall be appointed to the court;

2. KTWn Co., Ltd.;

Daejeon Daejeon High-dong 100

the representative director of the board of directors

Law Firm Sejong, Counsel for the plaintiff-appellant

Attorney Park Jong-soo, Attorneys Park Jong-soo, Park Jong-soo, Park Gyeong-sung, Park Gyeong-shan, Park Jae-shan,

December 21, 2006

January 25, 2007

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The Defendants: (a) each of the Plaintiffs G1 KRW 62,607,795, Plaintiff G2, G3, and G4 respectively; and (b) KRW 38,071,863, and

From August 3, 1999 to the date of this Judgment, 5% per annum and the date of full payment from the next day to the date of this Judgment.

shall pay 20% (20%) interest per annum.

(F) No. 1000,000,000)

[3]

I. Part 4 of basic facts Ⅱ. Part 8 of the Act on Sale, Advertisement and Labeling of Tobacco, Section Ⅲ. The parties' arguments and Section 12 of the issue, Section Ⅳ. Part 17 of the liability for damages caused by defects of a product

1. The legal principles of product liability 172. The existence of the defect 22 years / the existence of nicotine and harmful elements contained in smoke of tobacco 23 / the existence of nicotine and hazardous elements / the existence of CO on the surface, on the manufacturing process, and design defect 41 / the existence of display defect

3. 51 pages 51 of the causal relationship between smoking and the outbreak of lung cancer 52 of the epidemiological causal relationship 60 years of the individual causal relationship;

4. The causal link between the manufacture and sale of tobacco and the outbreak of waste cancer 68 pages V. Other tort liability 69 pages

1. Whether or not a person has breached the obligation of warning or regulating the hazards of tobacco 69 pages 2. 72, VI. conclusion I. 72, basic facts

The following facts are not disputed between the parties, or can be acknowledged by comprehensively taking into account the following facts: Gap 1, 2, 8, 9, 38, 39, 41, 42, and Eul 1's items, Eul 48-1 through 12, Eul 48-1, and the results of the examination of medical records on Eul 48-1 and 12, "the results of the examination of the examination of the expert evidence file", "the results of the examination of the examination of the records of this case", "the results of the examination of the judgment of this case", "the head of the judgment of this case, the head of the Kucheon-Masan medical insurance, the vice governor of the Korean Medical Insurance, the President of the Korean National Cancer Association,

1. The smoke and the social expropriation tobacco of tobacco were introduced to Europe by the call bus that found the unclaimed land. The tobacco, which was directly cultivated in the middle of the 16th century, was transmitted to the territory of Europe while being introduced for the purpose of booming it to the Paris Round. In Asia, it was first introduced the tobacco introduced from coo around 1571 by the Spanish to the Philippines. The tobacco was first introduced by the Japanese army around the 1600s, and it is presumed that the tobacco started to be cultivated in full scale in Japan in the early 160s. Although tobacco was put to smoking, tobacco used in Korea is most for smoking, it is produced in the form of cigarette manufactured in most of the tobacco.

2. The manufacture and sale of tobacco by the Defendants

A. Resale of Defendant Republic of Korea tobacco

In Korea, tobacco business has been implemented as a resale system in order to secure national financial revenue (2). The tobacco business has commenced to impose taxes on tobacco farming and sales in accordance with the tobacco tax law promulgated in 1909, and the implementation plan for the resale of tobacco in 1919 was established after the consolidation of Korea, and the tobacco resale system was implemented under the jurisdiction of the Republic of Korea in April 1921 by the Ordinance of the Republic of Korea promulgated in April 1921.

First, the manufacture of tobacco was not a complete resale. However, it was exceptionally permitted to cultivate tobacco for private use, manufacture and sale of tobacco tobacco for private use, and sale of tobacco tobacco for private use. The above exceptional provisions have been repealed in the 1930s, and a complete tobacco sales system has been adopted.

After that, according to the Ministry of Finance and Economy enacted on November 1, 1948 as part of the reorganization of administrative organizations with the establishment of the government of the Republic of Korea, the resale was organized under the Ministry of Finance and Economy, and was reorganized and developed to the Re-Sale Agency on April 20, 1952. As the re-Sale Act was enacted on January 20, 1956, the above re-sale Decree, which had been maintained even after the release, was abolished, and the legal system of the Re-Sale Act was revised on December 30, 1972, and was completely revised as the Tobacco Resale Act.

The domestic tobacco manufacture and sale will be operated independently in the form of resale by Defendant Republic of Korea, 3) 1986.

12. Resale and business incidental thereto under Article 3 of the Specialized Tobacco Sales Act [this Act shall be entrusted to the Korea Resale Corporation established under the Korea Resale Corporation Act, as prescribed by this Act; hereinafter referred to as paragraph (2)] and in conformity with the above provisions, the authority of the resale and business incidental thereto was transferred to the Korea Resale Corporation, a separate independent corporation, pursuant to Article 3 of the Specialized Tobacco Sales Act (Law No. 3868, Apr. 1, 1987; d. 1, 1989; d. d. 4).

B. The Tobacco Business Act was enacted on December 31, 198 by Act No. 4065 of Dec. 31, 198, and the Korea Tobacco and Ginseng Corporation Act (Act No. 4064, Apr. 1, 1989) enacted on December 31, 1988.

When dissolved pursuant to the enforcement, October 1, 1997, the authority was transferred to the Korea Food and Drug Corporation established under the above Act (hereinafter referred to as the "Defendant Company"). Meanwhile, the Tobacco Business Act repealed the tobacco sales regulations and allowed the import and sale of foreign tobacco by prescribing only the manufacturing monopoly (Article 11), and abolished from July 1, 2001 to the manufacturing monopoly of domestic tobacco.

Afterward, the defendant Republic of Korea, who was a shareholder of the defendant company, for the privatization of the defendant company.

10. The public offering of domestic shares, issuance of overseas exchangeable bonds on December 2, 200, issuance of certificates of overseas deposit and exchangeable bonds on October 201, issuance of exchangeable bonds, issuance of domestic stocks public offering and exchangeable bonds on June 2002, issuance of certificates of overseas deposit, and issuance of certificates of overseas deposit on October 2002, all stocks subject to privatization were sold until December 2002.

3. G’s smoking history, occupational ability and the outbreak of lung cancer, and relationship with the Plaintiffs;

A. In the instant case, the smoking volume of G as indicated in the medical record site, medical record site, hospital record site, and the Plaintiffs’ statement (hereinafter “medical record site, etc.”) regarding G is not consistent, and the smoking volume recorded in the medical record site, etc. by a clinical doctor is not consistent, and the smoking volume recorded in the medical record site, etc. by a clinical doctor is generated from the patient.

As seen below, it is not a specific question to the extent used by a epidemiological researcher in calculating the amount of smoking, but a approximately focusing on the approximate smoking habits. However, there is no other evidence to acknowledge the smoking power of G other than the medical record area. Moreover, the overall smoking habit and smoking volume of G recorded in the medical record area, etc. do not seem to be unreasonable to estimate the total amount of lifelong smoking by a smoking plaintiff as the basic material to assess the relationship between the outbreak of waste cancer and the occurrence of smoking. As such, G’s smoking power is recognized to be the minimum amount of smoking records recorded in the medical record area, etc. prepared by the hospital diagnosed as a closed cancer.

(B) Facts of recognition (A) Birth and Death: (b) On September 9, 199 after birth on July 10, 194; (c) on September 36, 199: (i) one day from 1963 to 199; (ii); (iii) the Plaintiffs asserted that, even when G was on voyage, it was difficult to prepare domestically tobacco more than the navigation period and avoid only domestic tobacco; (iv) the vocational ability of the Plaintiffs (from July 31, 1963 to the time of the outbreak of the closed cancer: (iv) the Plaintiff’s child-type cancer examination was conducted on August 3, 199 with the outer first-class cancer examination conducted on August 4, 199; (v) the Plaintiff’s 19th-class cancer examination was conducted on August 3, 199 to the outer-class cancer examination conducted on August 4, 199.

II. Laws and regulations on the sale, advertisement and display of tobacco

1. From April 1, 1938, the Korean government of the Republic of Korea enacted and enforced the 1900 Customs Decree No. 145 on March 3, 1938 with respect to minors, the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government of the Japanese government.

2. Indication of a warning regarding tobacco;

The Tobacco Business Act, enacted by Act No. 4065 on December 31, 198, prepared provisions regarding the indication of phrases on manufactured tobacco, and has been maintained until now through several amendments thereafter. Relevant provisions are as follows:

Tobacco Business Act (Law No. 4065, Dec. 31, 1988)

Article 25 (Indication of Warning Note and Restriction on Advertisement on Manufactured Tobacco)

(1) A package of manufactured tobacco and advertisements as prescribed by the Presidential Decree (including sales promotion activities; hereinafter the same shall apply) shall clearly indicate the warning that smoking is harmful to health.

(2) The Minister of Finance and Economy may prohibit or restrict any advertisement on manufactured tobacco under the conditions as prescribed by the Presidential Decree.

(3) The Minister of Finance and Economy may order or take measures necessary for correction, such as restriction on the import or sale of manufactured tobacco, or removal of advertising materials, to the manufacturer, import distributor, wholesaler, or retailer of manufactured tobacco, in case where the warning under paragraph (1) is not indicated, or where the prohibition or restriction of advertisement under paragraph (2) is violated.

(4) The Minister of Finance and Economy shall determine the warning under paragraph (1) after consultation with the Minister of Health and Welfare.

Enforcement Decree of the Tobacco Business Act (amended by Presidential Decree No. 12587, Dec. 31, 1988)

Article 13 (Criteria for Indication of Smoking Warning words) The smoking warning words shall be indicated in Korean in the pages of all kinds of manufactured tobacco Gap under Article 25 (1) of the Act.

Enforcement Regulations of the Tobacco Business Act (Enactment by the Ministry of Finance and Economy No. 1769 on January 24, 1989)

Article 18 (Marking, etc. of Smoking Warning)

(1) The indication of the smoking warning words under Article 25 (1) of the Act shall be governed by the criteria of attached Table 3 (Omission).

(2) When the Minister of Finance and Economy desires to modify the smoking warning words, he shall notify the manufacturer of such fact six months prior to the modification, and the manufactured tobacco which has been ordered prior to the modification notification, with the indication of smoking warning words prior to the modification, may be sold only within one year from the date of notification of modification.

3. Indication of tobacco ingredients;

The provisions on the indication of ingredients of tobacco under the Tobacco Business Act, amended by Act No. 6625, Jan. 26, 2002, has been established and has been maintained until now. Relevant provisions are as follows:

Tobacco Business Act (amended by Act No. 6625 of January 26, 2002)

Article 25-2 (Indication of Tobacco Ingredients)

(1) A manufacturer and an import and sale business operator shall indicate the major ingredients and their contents in the smoke of one cigarette on the wrapping paper of tobacco pack and the advertisements prescribed by Presidential Decree.

(2) Kinds of ingredients, criteria for measurement, designation of measuring agency, method of indication, scope of allowable errors, omission of indication of ingredients, which are to be indicated under paragraph (1), and other matters necessary for indication of ingredients, shall be prescribed by Presidential Decree.

Enforcement Decree of the Tobacco Business Act (amended by Presidential Decree No. 17761, Oct. 23, 2002)

Pursuant to the provisions of Article 25-2 (1) of the Act, the major ingredients and their contents in the smoke of one cigarette shall be indicated on what are listed in any of the following subparagraphs:

1. Advertisement by stickers or posters posted in the business places of retailers, one of both sides of the wrapping paper of tobacco pack;

3. Advertisement in the magazines under Article 9 (1) 2.

Article 9-3 (Types of Display Ingredients and their Indication Methods)

(1) Types of ingredients to be indicated under the provisions of Article 25-2 (2) of the Act shall be tar and nicotine.

(2) Matters necessary for the marking methods of tobacco ingredients under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Finance and Economy.

Article 9-4 (Criteria for Measurement, etc. of Tobacco Ingredients)

(1) The measurement criteria referred to in Article 25-2 (2) of the Act shall refer to those based on the method of testing tobacco smoke ingredients as determined by the International Organization for Standardization (ISO), and the detailed measurement criteria shall be determined by the Ordinance of the Ministry of Finance and Economy.

(2) Measurement cycles of tobacco ingredients under paragraph (1), sample extraction methods for measurement, and other matters necessary for measurement shall be determined by the Ordinance of the Ministry of Finance and Economy.

Enforcement Rules of the Tobacco Business Act (amended by Ordinance of the Ministry of Finance and Economy No. 282 on October 30, 2002)

Article 16-2 (Method of Indicating Tobacco Ingredients) The method of marking tobacco ingredients under Article 9-3 (2) of the Decree shall be governed by the criteria of the attached Table 5 (Omission).

Article 16-3 (Criteria for Measurement of Tobacco Ingredients) Specific criteria for measurement of tobacco ingredients under Article 9-4 (1) of the Decree shall be as follows:

1. In the case of tar: Criteria for measurement by the International Organization for Standardization (ISO), 4387;

2. For nicotine: Standards for measurement by the International Organization for Standardization (ISO);

III. The Claims and Issues of the Parties

1. The plaintiffs' assertion

A. As to the illegality

The Plaintiffs asserted to the effect that the tobacco produced and sold by the Defendants was addicted to nicotine and returned to waste cancer due to their long smoking for a long time. G’s occurrence is either due to a defect in tobacco manufactured by the Defendants, or due to the following acts of the Defendants, and thus, they seek payment of the money stated in their respective claims against the Defendants, as compensation for damages arising from the outbreak and death of G’s waste cancer.

(1) Tobacco smoke contains various harmful substances and, in particular, nicotine dependence, it is unlawful to manufacture and sell tobacco in itself.

② With the knowledge that the Defendants were harmful to tobacco, the Defendants did not take specific warning and regulatory measures against them.

③ The Defendants concealed information on the harmfulness of tobacco.

B. As to the causal relationship, (1) the burden of proof in product liability is mitigated with respect to the causal relationship between the defect of tobacco or the smoking and the outbreak of waste cancer (A)

G The occurrence of waste cancer is caused by the defect of tobacco, which is a product under the exclusive control of the Defendants. In this case, the burden of proof is mitigated in accordance with the Product Liability Act, and unless the Defendants prove that the waste cancer of G is due to any cause other than tobacco, it is presumed that G’s failure to meet the reasonable safety expected by social norms exists and that the occurrence of nicotine and the occurrence of waste cancer is caused by the defect of tobacco. (b) The principle of relaxing the burden of proof in pollution lawsuit.

Inasmuch as the occurrence of waste cancer caused by smoking is similar to the occurrence of pollution caused by high seas, the principle of mitigation of burden of proof in the pollution lawsuit should be applied in this case. (c) The individual causal relationship based on epidemiological causal relationship does not necessarily have to be proved by medical, natural and scientificly, and thus, epidemiological causal relationship between smoking and waste cancer is acknowledged, and unless the Defendants prove that the waste cancer occurred due to different causes, the individual causal relationship between smoking and waste cancer occurred.

(2) Since the Defendants manufactured and sold tobacco in relation to the causal relationship between the manufacturing and sale of tobacco and the smoking of the Defendants, and the Defendants did not give sufficient warning to its harmfulness, G commenced smoking and continued smoking due to nicotine dependence after a certain period of time expires.

2. The defendants' assertion

A. As to the illegality of manufacture and sale of tobacco

The Defendants asserted that the manufacture and sale of tobacco by the Defendants were lawful for the following reasons.

(1) Tobacco is a product legally traded.

(2) Even if the tobacco smoke contains any ingredients harmful to human body, this is a natural result according to the unique characteristics and methods of use of the tobacco itself, and accordingly, the tobacco itself is manufactured.

· there is no design defect.

③ In line with the relevant laws and regulations and global trends, the Defendants indicated a warning on the harmfulness of tobacco on the wrapping paper of tobacco pack, etc., and the Defendant did not have any special information more than that publicly notified on the harmfulness of tobacco even before the warning is indicated, it cannot be said that the manufactured tobacco was defective in its indication, and the Defendants cannot be deemed to have any obligation to attach more warning and regulatory measures than the foregoing warning.

(4) The Defendants did not conceal information on the harmfulness of tobacco, or spread false information on tobacco, thereby harshing consumers.

B. With respect to the causal relationship (1) with respect to the defect of tobacco or the causal relationship between smoking and the outbreak of waste cancer, the principle of relaxing the burden of proof in the product liability or pollution lawsuit cannot be applied to this case, and the epidemiological causal relationship alone is insufficient to recognize the individual causal relationship between G smoking and the outbreak of waste cancer.

(2) As to the causal relationship between the manufacture, sale and smoking of tobacco by the Defendants

No evidence exists to deem that nicotine dependence is the degree of psychological dependence similar to dampness, that it is not significantly difficult to prevent smoking due to free will, and that there was nicotine dependence on G, and thus, the causal relationship between the manufacturing and sale of tobacco and the outbreak of waste cancer of the Defendants is not recognized; 3. Determination of the legality of the manufacture and sale itself and the coordination of issues.

A. The legality of the manufacture and sale of tobacco itself

Since the early 17th century entered the Republic of Korea, tobacco was accepted in society, and the resale system was adopted for national finance from the beginning of the 20th century, and was managed by the defendant's Republic of Korea. The fact that the right to manufacture and sell tobacco to the defendant company was legally traded even after the transfer of the right to manufacture and sell tobacco to the defendant company was seen above. Accordingly, the manufacture and sale of tobacco itself cannot be deemed unlawful.

B. Organization of issues

Therefore, in this case, the issue is whether G's occurrence of waste cancer is due to any defect in the manufacture, design, or indication of tobacco, or due to the above 1. A. ②, and 3 acts in this paragraph as alleged by the plaintiffs. The division is as follows.

(1) Issues concerning illegality

The issue is whether tobacco contains nicotine and other harmful substances can be viewed as a tobacco manufacturing defect, design defect, whether there exists a reasonable explanation, instruction, and warning as to tobacco, and whether there is a defect in indication as to the tobacco, and whether the Defendants committed the act in question despite their duty not to engage in the act in this paragraph. (2) The issue is whether the Defendants committed the act in question despite the duty not to engage in the act in this paragraph.

In this case, the issue is whether to apply the principle of mitigation of burden of proof recognized in product liability and pollution lawsuit, and whether G’s occurrence of waste cancer is recognized as a result of smoking if the epidemiological causal relationship between smoking and waste cancer is acknowledged.

IV. The nature of the liability for damages caused by defects of the product

1. Product liability doctrine

A. (1) Cases concerning defects of a product

A manufacturer who manufactures and sells a product is responsible for manufacturing and selling the product with safety and durability within the expected range in light of the level of technology and economic feasibility at the time of its distribution, in terms of its structure, quality, performance, etc., and is liable to compensate consumers for damages caused by defects that do not meet such safety and durability.

In a case where a manufacturer’s reasonable alternative design could have reduced or avoided damage or risk caused by the product, but failed to adopt a alternative design, thereby making the product safe, the product’s design defect may be recognized. The determination of such defect ought to be made in light of social norms, comprehensively taking into account various circumstances, including the product’s characteristics and use, the user’s expectation of the product, anticipated risks, users’ awareness of risks, the possibility of avoiding risks by the user, the possibility of the alternative design and the economic cost, and the relative advantages and disadvantages of the adopted design and the alternative design.

In addition, product liability can be recognized due to a product defect if the manufacturer fails to provide reasonable explanation, instruction, warning, or any other indication that would have been likely to have reduced or avoided damage or risks caused by the product. The existence of such defect must be determined in light of social norms by comprehensively taking into account various circumstances, such as the characteristics of the product, ordinary usage mode, user expectation of the product, foreseeable risks, user awareness of risks, and possibility of avoiding risks by the user. (2) The significance of product defect under the Product Liability Act should be determined in light of social norms.

The Product Liability Act was enacted by Act No. 6109 on January 12, 200 and enforced on July 1, 2002. The Act defines the defect as "the defect in the manufacture, design, warning, or other indication of the product is lacking in safety ordinarily expected to be manufactured, designed, or indicated, the product is not safe due to the manufacture or processing of the product different from the original design despite the manufacturer's duty of due care in the manufacture and processing of the product." The term "design defect" refers to the case where the product is not safe because the manufacturer's failure to adopt a reasonable alternative design could have reduced or avoided damage or risk if the manufacturer had adopted a reasonable alternative design. The term "the defect in the indication" refers to the case where the manufacturer could have reduced or avoided damage or risk caused by the product if the manufacturer had adopted a reasonable alternative design.

In light of the above provisions of the Product Liability Act with regard to the definition of product defects, the Product Liability Act is interpreted to stipulate the product liability due to the manufacturing defect as strict liability, the product liability due to the design defect or the product liability due to the display defect as the negligence-based liability (in the case of the design defect, the manufacturer's failure to adopt a reasonable alternative design is negligent, and the manufacturer's failure to give reasonable explanation, instructions, warnings, and other indications is understood as negligence in the case of the indication defect).

On the other hand, the above law is not applicable to the claim for damages of this case caused by defects of tobacco sold prior to the enforcement of the above law, and thus, the product liability should be determined in accordance with the existing product liability law, since the above law provides for "this law is applicable to the first product supplied by the manufacturer after the enforcement of this law."

However, in the product liability case where the above law is not applicable under the above supplementary provision (Supreme Court Decision 2003Da16771 Delivered on March 12, 2004), the Supreme Court has interpreted the meaning of design defect and display defect in the product liability in the same way as the product liability law provides. 6)

(b) the relaxation of the burden of proof between the defect and the loss.

Products defect in product liability means that the manufacturer does not have safety and durability within the expected range in light of the level of technology and economic feasibility at the time of supply in the structure, quality, and performance of the product. Thus, product liability premised on the concept of such defect can be seen as fault liability.

Therefore, in order to inquire the Defendants of product liability caused by defects of tobacco, the Plaintiffs should prove that the Defendants failed to meet safety and durability within the expected range in light of the technical level and economic feasibility at the time of supply in terms of the structure, quality, and performance of tobacco. In other words, the Defendants should prove the existence of defects in tobacco due to their intention or negligence and the causation between the occurrence of damages and the damage.

However, in a case where a manufacturer is liable for damages on the ground of a defect in a large-scale manufactured product with high technology integrated, the manufacturing process of the product can be known only by a manufacturer who is an expert. Thus, the existence of a defect in the product and whether the damage was caused by the defect can not be seen as the general public. It is extremely difficult for the consumer to prove scientific and technical causation between the defect in the product and the occurrence of the defect and the damage. In a case where the accident occurred in the normal use of the product, the consumer proves that the accident occurred in the area exclusively controlled by the manufacturer and that the accident occurred in the ordinary course without a manufacturer's negligence, unless the manufacturer proves that the accident occurred due to another cause, not the defect in the product, the manufacturer's failure to prove that the accident occurred due to another cause, but the burden of proof can be mitigated in order to presume the existence of the defect and the occurrence of the accident due to the defect, and the application of the case in this case is more than the fair and reasonable guiding principle of damages.

In light of the aforementioned legal principle of relaxing the burden of proof in product liability, in this case, if it is proved that ① tobacco is produced with high technology and its production process can be known only by the manufacturer who is an expert, ② tobacco was used reasonably in accordance with ordinary usage, ③ waste cancer accident occurred to G in relation to the use of tobacco, ④ waste cancer was occurred in an area exclusively controlled by the Defendants, which is the manufacturer, ④ waste cancer was generated in an area under the exclusive control of the Defendants, ⑤ waste cancer was not caused without any negligence, there is a defect in tobacco, and the accident can be presumed to have occurred due to such defect.

However, tobacco is produced with high technology and it is difficult to regard it as a product that can be known only by the manufacturer who is an expert in the production process, and it is difficult to regard it as having occurred in the area under the exclusive control of the Defendants. As seen later, waste cancer is non-specific disease that works in a complex with various factors, and can occur due to reasons other than smoking, and it is difficult to see that it does not occur ordinarily without the negligence of the Defendants. Thus, the above relaxed principle of burden of proof cannot be applied directly to this case.

2. Whether a defect exists;

A. The plaintiffs' assertion (1)

Tobacco claims to the effect that tobacco in ordinary use would inhale nicotine and tar containing nicotine with strong dependence, and thus constitutes a product with a manufacturing defect or design defect, or a product with a reasonable explanation, instruction, and warning on hazards and dependence as above.

(2) The defendants' assertion

Since nicotine and hazard portion of tobacco in tobacco are not added or fabricated by the defendants, but naturally included in tobacco itself, it cannot be viewed as a defect in tobacco manufacturing. Since there is no reasonable alternative design method capable of removing nicotine and hazard portion while maintaining the characteristics of tobacco, there is no design defect in tobacco, and the defendants indicated a warning about harmfulness to the tobacco pack in accordance with the relevant laws and regulations according to the development of awareness about the harmfulness of tobacco, it cannot be said that there is a defect in tobacco manufacturing.

B. The following facts in nicotines and nicotines contained in tobacco smoke do not conflict between the parties, or may be acknowledged by comprehensively considering the whole purport of the arguments as a result of the inquiry into the president of the National Cancer Center of this Court and the whole purport of the arguments.

In tobacco smoke, about 4,00 chemical substances include about 4,00 chemical substances. Most of them are ingredients contained in the colony colonies itself, and the remainder is derived from soil and atmosphere conditions, packaging, damping methods, drying methods and added 8). Next, we examine nicotine and harmful elements contained in tobacco smoke.

(1) Nicotine:

Nicco is a natural alkhaloid, which is a saltic organic compound contained in various plants, including tobacco, and existing in the form combined with organic acid in the coloned colonies. Nicco expressed the effects of Domination, stress, and uneasiness by stimulating the Domination of Domins by smoking, affecting the Domination boundary, as shown below. Niccoin itself was not identified as a carcin. 9) (2)

The mixtures of the remaining substances derived from tobacco smoke, which exclude water and nicotine, are tar 10).

Tobacco is burned into a relatively low-carbon environment from 850 to 900 cc. srearea (excluding smoke that is inhaled into the body of Smoking excluding smoke spread in the air; hereinafter referred to as " alcoholic beverage smoke") composed of not less than one cubic meter per meter (not less than 0.1 to 1.0cm in diameter, average 0cm 0.21cm), and contains not less than 4,000 chemical substances. The physical and chemical characteristics of alcoholic beverage are different depending on the processing and treatment method of tobacco and tobacco, kinds and smoking methods of pots, etc., and as a substitution, not less than 90% of them are hydrogen, carbon oxide, carbon dioxide, 00, 50 yeast, 50 yeast, and 5 yeast, 50 yeast, and 5 yeast, and 5 yeast, as so far as they are below.

Ptillsburry, etc. are connected to an artificial smoking device that burnss tobacco in 1969, defined as tar that is larger than 0.3cm in diameter as being 28 cm in speed and 9.9% in the mination. The concept of tar was revised to be 0.1mm in the United States Trade Commission (FTC; hereinafter referred to as the "FTC") to be 0.7m higher in number than that of 9.7m higher in number, and then to be 1m in 3m in 2m in length, samples connected to an artificial smoking device that is 3m in length, while maintaining 1m in 2m0.3m in 2m in 19.5m in 200.

Most of the cancers known to be contained in tobacco smoke are included in tar. Among the nine cancers that have been classified as 11 group by the International Cancer Research Organization (hereinafter referred to as the “IARC”), hazardous metals, such as cadmium, mercury, chalium, beryllium, and nitroum, and two direction-based ASEANs (2- napthththylamine, 4-minobi) are included in tar.

In addition, multiple-way hydrocarbons (polyclic amarocarbon (hereinafter referred to as PAHs) and Nitro (NN, hereinafter referred to as 'NN', 4-(methynnnitrosaminate) - 1 (b) - 1-butron, hereinafter referred to as 'NK') are included in tar, such as PAs and Nitroson’s (N-N, hereinafter referred to as 'Nitroson’), and nitropsians (hereinafter referred to as 'NK'). With respect to PAs and Nitros, it is considered that PAs and NKs are modified.

(3) PAHs

PAHs are hydrocarbons with not less than 3 events, which are known to be an important source of environmental and human body when all kinds of carbon compounds are influorted or disdecomposed. The existence of not less than 100 PAHs. Among them, some of the materials, such as PAH was confirmed as a chemical that causes cancer as a result of animal testing. PAHs are substances generated when substances containing an organic compound in the direction-sufficient. PAHs are discovered from tobacco smoke, smoke, coal exhaust gas, automobile exhaust gas, waste gas, end-of-life vehicle, and are found in scrap, grains, grains, coffee, coffee, and products processed therefrom, which are directly driven by fire. The quantity of organic substances varies depending on the type and quantity of organic substances, the state of oxygen supply at the time of burning, heat heat, etc., and so on. It cannot be said that it occurs uniformly in any case.

(4) Nitrosian (Nitrosian)

Nitrogians are made by the ASEAN and Nitrate of tobacco f. Nitrogians are found in beer, salted, salted, beer, local powder, waste, rubber products, metal products, and some cosmetics, other than tobacco smoke. (5) Nitrogians (Dix writtens) Dix.

Multi-styles are the abbreviations of polychloenen - Pibenzo - Pdix 12), hereinafter referred to as “P CDD.” The Chromatomatograpy/massectecty method was measured by tobacco smoke and re-spect. The total concentration of various PED in tobacco smoke is approximately 5.0 g/m, and in particular, hexa3) - the highest concentration of CDD. The classification of various PED materials is similar to that of the exhaust gas when urban wastes are emitted. Tobacco is discovered in a tobacco-free country. If it is permitted to take one of the 15 gspgs each day, the number of 15 gsp and 13 gsp insp.

(6) Heavy metals

The heavy metal ingredients that can be exposed for smoking are mercury, lead, nitrok, knife, glycerium, brye, mercury, mercury, mercury, mercury, lead, iron, cadmium, mercury, and chrome among them, and they are known to be nitroel, lead, berium, chrome, cadmium, cadmium and chcadmium. These heavy metals are derived from agrochemicals used for soil or tobacco cultivation.

(7) There are not a large quantity of natural radioactive materials (Pb-210, Po - 210, etc.) as in any material existing in radioactive materials co-operation. Among them, Po-210 discharges alpha-210 and Pb-210 discharges alpha-210 discharges alpha. Pbb-210 accumulated in tobacco. Pb-210, Po-210 occurring in the air are derived from soil and air. Pb-210, Po-210, etc. existing in the air are set up on the surface of co-ownership or accumulated in co-entry through pb-210, Po-210, etc. existing in the earth.

Until now, it is not clearly known that the exposed dose of non-radioactive radiation in tobacco is to a certain degree compared to the natural exposed dose, and what role is in waste cancer.

C. (1) The existence and degree of nicotine dependence on the subject is a general concept that explains the tendency to use nicotine as a means of mediating material, or repeated efforts to stop such as gambling, Internet addiction, 36, 34, 67, 68, 86 or 90 (including each number) and the overall purport of the arguments in this court's inquiry into the Director of the National Cancer Center of this Court. (a) The addiction is a common concept that explains the tendency to use nicotine as a whole, psychological or physical hazard, and the situation where it is repeatedly possible to use it as a means of providing compensation for the same material, such as 'chemical addiction', 'chemical addiction', 'chemical addiction', and 'chemical addiction'.

Recently, it is common to use the word ‘influence' on the ground that the expression ‘influence' can easily cause confusion. It is recommended that the term ‘influence' is inappropriate as ‘influence' in 1964 as ‘influence' in 1964. In ordinary sense, ‘influence' can be interpreted as ‘influence' (influence), it may be interpreted as ‘influence 14) and dependent on the case of using the word ‘influence' as ‘influence', it may be interpreted as ‘influence 14)', and it may be interpreted as ‘influence influence. It is a disability such as temporary appearance, recognition, sense, behavior, response, etc. after taking substances, and dependence means any other substance difficult influence to take, substance or any other substance, substance or any other substance, condition, etc. that shows strong desire to take in.

A dependent is divided into physical or physiological dependence (physaol de pendent dependence) and psychological dependence (psychlool de pendate). The former is a concept similar to the habitation that continues to take in drugs in order to prevent or mitigate gold symptoms, and the latter is to maintain satisfactory sense and comfortable sense. (b) Nicotine’s physiological effects represent a compensatory effect by raising the Domination concentration within the mid-tour boundary, like other dependent substances. 15) Nicic dependence on substances, including nicotine, is gradually beginning from a molecular interactionic interaction that changes the active nature of the source corresponding to that of the relevant gymsis, and causing a variety of actions, such as hives, cronsis, etc., expressed by causing a variety of actions, e.g., sexual intercourse between each of the relevant Nic cells cells, and e., e., g., g., e., g., e., g., pulic reaction.

Nicotin indicates dependence through the strengthening reaction of acute training and the learning effects on the galmal adaptation and nicotine use within the mid-tour boundary.

The strengthening reaction of Nicco’s acute training is revealed to activate the Domination by stimulating the Domination by affecting the Domination connection system. Niccoine inhaled into the human body through the fluoral dynassis of waste, thereby reaching brain 10 seconds later through the fluoral dynassis of waste, and through the Nicot ethylcin terrepor (hereinafter “nicot reporr”) located in the mid-tour boundary (hereinafter referred to as “nicot dynach dynasium”). The strengthening reaction of acute fostering by Nic would have symptoms such as the Domination, increase of energy, each gender effect, stress and apprehension, decrease in food desire, etc. As such, the dynasium dynasor’s behavior seeking to strengthen the fynasium reaction.

Niccoin is similar to cocars and ampia in that it increases Dophhers in the ethic state of brain, but its action mechanism is different from cocars or ampia. Cocars and ampia do the direct act of maintaining high density for a considerable period of time on the part of the Domins that the Domins act by suppressing the decomposition of the Domins and by suppressing the Domins, while Niccos indirectly act on the part of the Domins, thereby maintaining the Domins effects of the Domins only for a period of time that stimulates and very short time.

In the case of using nicotine of ordinary capacity, it does not appear acute addiction symptoms or mental toxicity such as cocar and heroin. The following review is only recognized in the case of nicotine depend on Dianoology and statistical manual (hereinafter referred to as DSSM) of the American Medical Association (APA) (APA), and it does not recognize abuse (buse 16).

Smoking is not a non-voluntary behavior due to mental state or food or above, but a Smoking person's own decision. However, if the chronic smoking depends on nicotine, it may cause a phenomenon such as gold, regrasing, etc., and it may make it difficult to prevent smoking due to voluntary will ( there is a view that there may be a person who is unable to prevent smoking due to his own will, and there is also a view that it damages the function of self-determination by reducing the volume of brain by reducing the volume of brain.).

Even once within a number of months after non-smoking, smoking may lead to a recurrence, which is easy to lead to a recurrence. This is always a nAch solution due to a nAch's decline in the public sense of brain compensation effect if a nAch is not used for a long period of time, because there is a strong brain compensation effect due to a significant increase in the public sense of nicotine's brain compensation effect, and thus, a strong brain compensation effect has occurred for one smoking. On the other hand, if a nAch is exposed to a nAch substance such as nicotine at all times, it is always a nAch solution to an abnormal stimulation.

(C) official recognition of nicotine dependence;

The disease prevention center of the United States provides for smoking at the Health Control Report issued in 1964 (Reurgeon General Plan). It presented only the possibility of nicotine dependence in 1979, and does not confirm it formally state the nicotine dependence of smoking for the period of 1988. The APA officially reported DSSM 4p (hereinafter referred to as the "IV") published in 1994 as shown in the table 2.3 to classify nicotine dependence as a material-related disorder, i.e., de facto changes in the category of diseases, and includes DNA dependence in the category of 192, i.e., the 10th Damal 100 (hereinafter referred to as the "HH 192").

Psychological dependence refers to the psychological desire condition in which drugs are continuously and regularly given in order to avoid inconvenience when a satisfactory sense and displeasure that gives drugs are suspended.

Nicic dependence is shown in physical and psychological aspects.

미국 보건총감보고서 ( 1988년판 ) 는 " 니코틴 껌의 사용이 흡연을 억제하고 금연에 따른 육체적 증상을 덜어줄 수 있지만, 흡연욕구 ( The urge to smoke ) 에 대해서 거의 효과가 없다 ( Nicotine polacrilex gum administration can suppress cigarette smoking and alleviate physical signs of tobacco withdrawal while having little effect on the urge to smoke ) " 고 지적하면서, 흡연욕구가 니코틴 부족만으로 결정되는 것이 아니라 생리적 변화와 행위상황의 변화 및 다양한 약리학적 · 환경적 자극 ( a variety of pharmacologic and other environmental stimuli as well as changes in the physiological and / or behavioral state of the person ) 에 영향을 받을 수 있다고 보고하였다 .

Many Smokings play an important role in psychological factors among various factors that prevent them from smoking. Smoking acts are learning behavior, and smoking of tobacco becomes one kind of daily behavior related to a specific case. For example, when there are specific cases such as ‘after completion of meals' or ‘when they come to toilets’, they take a desire for smoking. In addition, Smokings are considered to be smoking in order to cope with negative appraisal or stress such as labor and apprehensions.

(E) symptoms of gold draw refers to the phenomenon that a person who has continuously used a certain substance in excess of “draw” means a phenomenon that shows a difference in the concentration in blood or body parts when he suspends medication or reduces the capacity thereof. The signs and symptoms of gold draws seem to vary depending on the substance to be used. In most cases, most of them appear to have symptoms and opposite to the addiction symptoms of the substance. In the case of a exemption where the acute addiction effect is increased in the quantity of water, there are only if the draws are reduced. If the draws are likely to cause a drash effect and dissure, strokes and strokes in the case of a sudden poisoning, and there are physical and psychological arguments in the gold draws.

니코틴 금단증상도 신체적 증상과 심리적 증상으로 나눌 수 있다. 신체적 증상으로 위장계통의 징후, 식욕증가와 체중증가 등이 나타날 수 있고, 심리적 증상으로 우울감, 불쾌감, 흥분감, 불안, 좌절감, 자극 민감성, 주의력 감소 등의 증상이 나타날 수 있다. 금연에 따른 금단효과는 동물에게서 강화인자 ( 약물 이외의 것, 예컨대, 음식 ) 를 박탈한 경우에 나타나는 반응들 ( 불안, 화를 잘 내고 공격적으로 변화, 음식 섭취량 증가 , 발을 핥는 것과 같은 oral behavior 등 ) 과 유사하다는 보고가 있고, 이를 토대로 금연시 나타나는 일부 금단증상들을 니코틴 부족이라기 보다 욕구불만으로 인한 것으로 보는 견해도 있다 .

(f) Domesticity; and (f) Domesticity;

In the case of repeated use, 'the effect obtained in the same volume is to be reduced or to increase the volume in order to obtain the same effect.' The degree of internality is different depending on the substance of use. In the case of opium or each sex agents, there is internality up to the fatal capacity for ordinary people. However, in the case of nicotine, even if it is a long-term smoker, it does not increase without any restriction on smoking volume, and there is no increase in the amount of smoking (the so-called 'astronomical effect'). (g)DSS - IV and ICD - 10 standards for nicotine dependence test.

1. DSS - DSSM-IV, the Nicotacy test under IV, can be diagnosed as Nicota in the event there are three or more symptoms of the following seven.

i) resistantity: An increase in the required volume of material to obtain expected effects or a decrease in the effect that can be obtained from the same quantity of material.

ii) Gold team: a series of displeasure and tamping symptoms after the suspension of use of the material.

iii) use more quantity than the first intended quantity or use for a longer period of time.

iv) attempt to control the use of a material, but failed;

v) consume a large number of time for the acquisition of material.

vi) waive or reduce important social activities or leisure activities for the use of substances;

vii) continues to use material with knowledge that the use of the material continuously and repeatedly causes physical or mental problems.

(2) ICD - Criteria for diagnosis by the existing group of tobacco pursuant to 10

ICD - 10 classify the category of tobacco 'psychological and behavioral disorder caused by the use of tobacco' as follows, and if 3 or more of the symptoms have experienced during the last one year, it can be diagnosed as the aftermath of tobacco.

i) strong desire or impulse to smoke;

ii) An act of smoking (the beginning, finishing, and quantity used) cannot be controlled.

iii) Characteristics physiological gold d.(pysio d.c.) symptoms occur after smoking is suspended or reduced. Tobacco shall be used to avoid or reduce gold symptoms.

iv) increase the volume of emitting smoke in order to obtain the effects that have been obtained in small quantities due to resistant origin.

v) Giving a wide range of time to the people who had been enjoying or interesting in the past due to smoking, and sending a lot of time to save, smoke and recover tobacco.

vi) A person who continues to smoke is clearly aware that it would cause harm and continues to use the substance. (2) The degree of dependence on (2)

(A) According to each of the arguments in Gap 25, 31, 32, and Eul 52 as to the degree of dependence, there is a strong dependence on nicotine, etc., and smoking is not a choice by free will, but a view that it is attributable to the above dependence. On the other hand, it is acknowledged that there are conflicting views as follows, taking into account the overall purport of arguments in each of the statements in Eul 52, 55, 56, 86, and 90 (including each number):

① SSM - IV (or ICD - 10) merely indicates the content of a material-related disorder, dependence on each substance, diagnostic method, etc. As such, solely on the ground that the dependence is classified as a dependent substance under the above criteria, it is difficult to view the degree of dependence as equal to that of other dependent substances.

(2) Smoking shall not cause any mental trouble. Smoking shall be a learning behavior and may be restored to its original state through escape learning.

(3) The degree of psychological dependence of nicotine shall be the narcotics, ccars, etc. of the hero, ccars, etc., or camina, etc.

The degree of physical dependence is weak than each other, and the degree of physical dependence is also weak to the extent that it can not be compared with the Hague.In the case of smoking cessation for Smoking, there are symptoms, such as displeasure, but it does not seem to be a strong gold prize such as guro addiction.

④ 많은 과학자들은 약물의존을 연구할 때 니코틴 의존을 포함시키지 않음으로써 니코틴 의존은 차이가 있음을 묵시적으로 인정한다. 여러 가지 차이점들 중에서 가장 중요한 것은 니코틴 의존이 심각한 행동장애를 초래하지 않는다는 것이다 ( Many scientists implicitly recognize that nicotine dependence is different when they do not include nicotine dependence when studying ' drug dependence '. Among the several differences, the most important is that nocotine dependence does not cause acute behavioral impairment ) . ( 나 ) 판단

In full view of the purport of the entire arguments in the facts acknowledged under the provisions of paragraphs (1) and (2)-(A)- above, it is reasonable to view that the dependence of nicotine is a substantial part of the arguments, and that the degree of physical dependence is weak compared to opium and the ambamine. Therefore, smoking is due to nicotine dependence and it is difficult to view that it is not a choice by free will.

(d) manufacturing defect (a) manufacturing defect or design defect (a) on tobacco;

The manufacturing defect refers to "a defect that does not have safety and durability within the expected range in light of the level of technology and economic feasibility at the time of distribution in relation to the structure, quality, performance, etc. of the product". Thus, in this case, in order to recognize the manufacturing defect of the tobacco manufactured and sold by the Defendants, it should be recognized that the tobacco was not equipped with safety within the expected range in light of the level of technology and economic feasibility at the time of distribution (the structure or performance safety or durability of the tobacco is not an ordinary issue).

(b) Design defect;

Design defect refers to the case where the product is not safe because it did not adopt a alternative design even if damage or risk could have been reduced or avoided by the product in question if it had adopted a reasonable alternative design. In this case, in order to recognize the design defect of tobacco manufactured and sold by the Defendants, there should be a alternative design that could reduce or avoid the risk of outbreak of waste cancer, etc. caused by tobacco, and in light of social norms, it should be acknowledged that the Defendants failed to adopt such alternative design, considering the characteristics and use of tobacco, the expectation of Smokings, anticipated risks, awareness of Smokings, possibility of avoiding risks by Smokings, the possibility of avoiding risks by the alternative design, the possibility and economic cost of the alternative design, and the relative advantages of the adopted design and the alternative design.

(2) Facts of recognition

The facts that the Defendants manufactured and sold tobacco in accordance with the relevant laws and regulations, the fact that nicotine and nicotine contained in tobacco smoke, and other harmful components are naturally generated by the burning of tobacco are as seen earlier. In addition to the increase in the volume of tar and nicotine content, there are methods to reduce the quantity of consular leaves contained in a cigarette by manipulating the expansion and drying methods of consular leaves in a cigarette in addition to the increase in the volume of tar and nicotine content, and there are methods to reduce the quantity of consular leaves contained in a cigarette in a cigarette. Since the 1970s, the Defendants adopted these methods and continuously reduced the content of tar and nicotine as indicated in [Attachment 3 to 5] of tobacco smoke, such as nicotine content list, and after the 1989s, there is no difference between the parties to a tobacco smoke and nicotine content at least 1/10 of tar, or there is no difference in the overall purport of the pleading and nicotine content in a manner other than the present.

(3) Determination

(A) Whether manufacturing defects are manufactured

According to the above facts, it is difficult to view that the tobacco was not safe due to the fact that the tobacco manufactured and sold by the Defendants included nicotine and tar and other harmful components in the smoke of tobacco manufactured and sold by the Defendants.

In addition, even though the tar and nicotine content of tobacco manufactured by Defendant Republic of Korea in the 1960s was higher than that of the U.S. tobacco, etc., and continuously reduced the tar and nicotine content of the manufactured tobacco from the 1970s, the end of the 1980s still increased tar and nicotine content compared to the U.S. tobacco, etc., in light of the Korean technological level and socioeconomic environment at the time, it is difficult to view that tobacco manufactured and sold by Defendant Republic of Korea did not have the quality safety within the expected range in light of the technological level and economic environment at the time of distribution, and there is no other evidence to recognize this otherwise.

(B) Whether the design defect was a design defect

As long as it is the inherent characteristics of tobacco to inhale smoke by burning tobacco, it is difficult to regard nicotine removal as a reasonable alternative design consistent with the tobacco’s characteristics and usage, and there is no other evidence to acknowledge that there is a reasonable alternative design to remove nicotine and tar in tobacco smoke, as it is the first way that there is no way to smelt nicotine or tar in a selective manner in the tobacco smoke. Even if it is possible to remove nicotine only in a selective tobacco smoke, since nicotine removal of nicotine is the main ingredient of a tobacco as a symbol, such as alcohol or coffee. Thus, it is difficult to regard nicotine removal as a reasonable alternative design consistent with the expectation of a smoker for tobacco smoke, and there is no other evidence to acknowledge that there is a reasonable alternative design to remove nicotine and tar in a tobacco smoke.

Therefore, as seen earlier, as long as the Defendants continuously reduced tar and nicotine content in tobacco smoke to 0.05 g, 0.5 m. (0.5 m.) at the present time, they emitted from tobacco (in 0.5 m.), it is difficult to view the tobacco manufactured and sold by the Defendants as a design defect, and there is no other evidence to acknowledge this.

(e) the existence or absence of the defect in the indication (i) the defect in the indication of tobacco;

The display defect refers to "where a manufacturer has reduced or avoided damage or risk that may be caused by the product in question if the manufacturer had made a reasonable explanation, instruction, warning, or any other indication, but failed to do so." In this case, in order to recognize the defect in the indication of tobacco manufactured and sold by the Defendants, if the Defendants offered a explanation or warning on the hazards of tobacco, it should be recognized that the Smoking of this case reduced the smoking quantity or prevented the risk of the outbreak of waste cancer by smoking, and it should be determined in light of social norms by comprehensively taking into account various circumstances, such as the characteristics of tobacco, the ordinary usage of tobacco, the foreseeable risks of tobacco, the foreseeable risks of tobacco, the Smoking's awareness of risks, and the possibility of avoiding risks by the Smoking. (2) There is no dispute between the parties, or any foreign country's perception or warning as to the hazards of tobacco, including (3) Nos. 15, 37, 38, 39, 75 through 88).

① With respect to the increase of waste cancer in the early 20th century, there were doctors who have inferred that smoking was caused, but until the 1940s, medical experts did not think of the significant smoking as a cause of potential disease, and 'Osciss and dives' was introduced about tobacco on the plate in 1947 to 5 degree (the contributor of Burcs, the person who contributed to her disease, and the person who was not the person who caused the outbreak of fire fighting).

1. ② Ricard Dl and Bradfor Ltill are divided from England to 1952 into a group of patients hospitalized in the group of patients hospitalized in the group of 1,465 patients who were hospitalized in the group of 1,465 patients, and a group of patients hospitalized in the group of pulmonary cancer patients who were hospitalized in the group of 1,465 patients. In 1952, “Audionomy study on pulmonary cancer” was called “Audionomy study on pulmonary cancer” in 1952 and “the 25% of male waste cancer patients were smoked by 13.4% per day.

③ In 1962, the UK Medical Association (Bhysicians) issued the first official report at the government level on the risk of smoking, and in 1964, the results of the study on the risk of smoking were published in the health care report in the U.S. in 1964.

④ From 1959 to 1960, Matrix Hoffman separates nzopyre and polyn hyrocarbon from tar, one of the chemical substances in tobacco smoke begins, and six of the chemical substances in 1961 were revealed in 1961, and there was about 40 chemical substances during the tobacco smoke today. (b) Domestic articles and literature concerning the hazards and non-smoking of tobacco.

① On April 19, 1901, the independent newspaper reported the results of the Russian doctor’s research, and emphasized that smoking is harmful to health while reporting the results of the study by the Russian doctor. The independent newspaper emphasized that 16 of the 100 tobacco smokes had only 10 of the 100 tobacco smokes, but only 10 of the 10 smokes, and 9 of the 10 smokes.

② When the Japanese governor of the Korean War decided to implement the 1938 Special Decree No. 145 on March 3, 1938, which was enacted on April 1, 1930, the Japanese governor of the Japanese War decided to implement the 1938 Special Decree No. 1900 on April 1, 1938, the Japanese governor returned it from the private theory on March 27, 1938, and the Japanese governor returned it to the Japanese government, and the Japanese governor of the Japanese War decided that the smoking was “undermining or detrimental to the health or social edification.”

③ In 1959, the home abuse center published in 1959, “The causes of the institutional blap cancer are in smoking.” The home abuse center introduced a thesis with the contents of “The smoking may cause waste cancer.”

④ When the British king’s society announced the official report on the risk of smoking on March 7, 1962, it introduced the above report from the articles of November 20, 1963, and the above report was announced in the U.S. in 1964, the article about the risk of smoking was reported in various daily newspapers as shown in the table of attached Table 1-1 to 7, from around that time to 190s.

⑤ Non-smoking signs were installed in buses in 1967, and non-smoking schools were established in Seoul Sanitary Hospital in 1972.

(C) The Defendants established and operated a tobacco-related research institute under its control, as follows, established and operated a research institute. The research and study on ginseng, tobacco resources cultivation technology and the development of life-driven machinery, the test and research on the development of ginseng and tobacco plant processing technology and new products, the development of new materials using biological resources, the technical cooperation and joint research with domestic and foreign research institutions and specialized organizations, the consignment and entrustment of technical services with domestic and foreign research institutions, the inspection on quality and hygiene of ginseng, food, etc., and the projects designated or commissioned by the Government.

1953. Establishment and operation of a resale technology research institute under the resale Administration;

On March 1961, the name of the Central Telecommunications Research Institute shall be changed.

March 1978 is divided into the Korea Ginseng Research Institute and the Korea Institute of Home Affairs as an incorporated foundation.

January 1, 1981 integrated into the Korea Ginseng Research Institute, a foundation incorporated under the Ministry of Science and Technology.

March 1992, the competent authorities shall change the Ministry of Science and Technology to the Ministry of Finance and Economy.

on July 1993, as an incorporated foundation, the name of the Korea Ginseng Research Institute.

February 2, 2002, the Foundation is dissolved of the Korea Ginseng Research Institute.

In March 2002, the establishment of KT & G Central Institute Tobacco Science Research Institute.

② Until the 1990s, the said tobacco research institutes had introduced the results of foreign research on the harmfulness of tobacco, since they were stranged in infrastructure, such as size, human resources, equipment, budget support, etc. compared to the tobacco research institutes of developed countries, and thus, the analysis of tobacco smoke ingredients and the level of measurement technology have deteriorated.

(3) Change of warning

The following facts may be recognized by integrating the purpose of the entire pleadings in each entry in Eul 1 through 6 (including branch numbers).

(A) Since 1966, the U.S.A. has marked a phrase of warning on tobacco since 1975, "Smoking can cause harm to the health of the party (e.g., smoring may be used to smokeer)", and since 1968, "tobacco has indicated a warning phrase "(smowing causes lung cancer)". From August 1972, 1972, Japan has marked an excessive smoking warning for health, and Japan has marked an excessive smoking warning from July 1990 to "from 1973, since there is a risk of harm to the health of the party, it has been indicated an excessive smoking warning phrase, and Australia has marked a warning phrase since 1973.

On June 1, 1975, WHO recommended tobacco to indicate a warning phrase "to ypling, health" on the tobacco, and the defendant Republic of Korea accepted it, and from January 1, 1976, stated the warning phrase "an excessive smoking for health".

Since 1981, Germany, from 1982, from 1982, from Spain and Hong Kong, and from 1983 to 198, Canada indicated warning words on each tobacco. (c) The change of warning words after the enactment of the Tobacco Business Act.

① Since December 17, 1989, the Tobacco Business Act, enacted on December 31, 198, stipulates that smoking shall be indicated on the wrapping paper of the manufactured tobacco and in advertisements prescribed by the Presidential Decree that smoking is harmful to health. Since December 17, 1989, "Smoking may cause lung cancer, etc.", one of the warning districts proposed by the Anti-Smoking Movement Council on the front side of the tobacco package, and in particular, it begins to indicate the warning phrase "as harmful to health of pregnant or nursing women and juveniles."

② According to the Ministry of Health and Welfare’s notification No. 1995 - 4 (Enforcement on March 23, 1996), the warning was modified as follows:

앞면 : " 흡연은 폐암 등 각종 질병의 원인이 되며, 특히 임산부와 청소년의 건강에 해롭습니다 "뒷면 : " 금연하면 건강해지고 장수할 수 있습니다 ", " 당신이 흡연하면 다른 사람의 건강도 해칩니다 ", " 흡연은 사랑하는 자녀의 건강도 해칩니다 ", " 흡연은 중풍과 심장병도 일으킵니다 " 중 하나의 문구 .

③ In accordance with the Ministry of Health and Welfare’s notification No. 1999-25 (Enforcement September 10, 1999), which required a marking of the prohibition of sale to juveniles under the age of 19 for the suppression of smoking among and high school students, the indication of the back of the tobacco package shall not be sold to juveniles under the age of 19.

④ From April 1, 2005, the size of the warning was expanded from 25% to 30% of the packing paper A pursuant to Article 205-12 of the Notice of the Ministry of Finance and Economy from April 1, 2005, and the front side of a tobacco package "whether the warning would be able to smoke: ? ? ............" to sell tobacco to juveniles was changed by setting three or more phrases, such as illegality, and then, to be circulated every two years. (d) Foreign phrases around 1989.

① The above smoking may cause lung cancer, etc. around 1989, and in particular, the countries indicating the degree of warning corresponding to the above have been the U.S., the United Kingdom, the U.S.A., and the U.S.A.A.A.A., the phrases indicated in the three countries are as follows:

U.S.: “The smoking of the Director of the Public Health Bureau” means “The smoking of the pregnant woman may cause the lung cancer, the heart disease, or the weather, and may adversely affect pregnancy.” “The smoking of the pregnant woman may cause the fetus damage, the midwifery and the physical handicap so that it may cause the birth of the pregnant woman.” “The cigarette smoke includes the inflammable carbon.” “The smoke will significantly reduce the serious risk of you’s health if the smoking is suspended at present.”

UK: “The warning of the Director of the Health and Medical Bureau: “The smoking may cause a fatal heart disease”. “Smoking may cause a fatal heart disease”. “Smoking during pregnancy may cause harm to the fetus and lead to an early childbirth”. “Smoking may cause a death of at least 30,000 persons per year in the UK”. “Non-smoking is “The danger of a serious disease”.

The term "hyravia": "Smoking" means the main cause of the lung cancer, the lung disease, the heart disease, and the beer disease".

(2) The phrases indicated by other countries around 1989 shall be as follows:

French: “Smoking may cause health risks”.

German: “Smoking shall be chip. Tobacco shall contain nicotine and tar equal to the content rate indicated in the certificate of tax payment in accordance with the German industrial standards.”

Hong Kong: “Smoking is harmful to health”.

Japan: "In order to ensure health, excessive smoking shall be avoided."

Switzerland: “Smoking” means the health of the person concerned with a sea chip.

Austria: “Isia may cause tobacco to be harmful to the health of the people.”

Sweden: “An excessive smoking is harmful to health.”

Canada: “Canadian health and welfare nature” means that the increase of smoking volume is harmful to health. - Excessive inhaled”

Belgium: “Smoking is harmful to health”.

(4) Determination

The issue of whether to acknowledge a defect in the indication of tobacco is different depending on the defendants' marking of the warning phrase, degree of warning, and degree of public awareness of the harm of smoking. Thus, it is examined as follows after the announcement of the U.S. Health Control Report in 1964, many articles about the hazards of smoking are divided into two categories after the actual period transfer, the relocation of the warning phrase, the display of the warning phrase, and the display of the warning phrase in accordance with the WHO recommendation, and after the announcement of the 1964 U.S. Health Control Report.

(A) Before 1963

First, as seen earlier, a minor’s smoking is prohibited from being a law prior to the birth of G, and therefore, G does not constitute a cause attributable to the Defendant Republic of Korea for having smoked until July 10, 1963, when G reached the age of majority.

Furthermore, as an official report on the risk of smoking in the early 1960s, the report of the British Medical Association was taken place in the UK in 1962, and the fact that there was no country indicating a warning of tobacco up to the time of the 1959 prior to the dynamic abuse of the home published in 1959, and that there was no country indicating a warning of tobacco. Considering these circumstances, it is difficult to deem that at the time the Defendant Republic of Korea had a duty to indicate a warning of the first risk of smoking in the world, and there is no other evidence to acknowledge it. (b) Since the 1964 to 1964 U.S. Report of the 1964 Health Review in the early 1975 officially reported the hazard of smoking, it is difficult to deem that G had a duty to acknowledge the hazards of smoking in each domestic media and to explain the hazards of smoking, and there was no other evidence to deem that there was no special knowledge of the risk of smoking by the Defendant only, as to the harm of smoking.

(C) According to the above facts after 1976, the relation between smoking and the lung cancer was already known at this time, and the Defendants indicated warning about the harmfulness of smoking in the tobacco packing paper, and the degree of such warning is not only consistent with relevant laws and regulations, but also belongs to higher parts compared to foreign cases, so it is difficult to view that tobacco has a defect in indication, and there is no other evidence to acknowledge it.

F. Sub-committee

Therefore, there is no reason to believe that the plaintiffs' above assertion on the premise that the tobacco manufactured and sold by the defendants is defective in manufacturing, designing, or marking, and even if not, there is no evidence to acknowledge that G's occurrence of waste cancer is caused by smoking, as seen in the following paragraphs.

3. The causal relationship between smoking and the outbreak of lung cancer;

In the product liability case, it seems that the principle of relaxing the burden of proof can not be applied to this case, and the following is examined as to the remaining arguments on the causal relationship.

A. Whether the application of the principle of mitigation of burden of proof in the pollution lawsuit is (1) or not, and the mitigation of the burden of proof and the basis of the theory of probability

In the case of pollution lawsuits, (1) the Plaintiff discharged a cause substance that may adversely affect the Plaintiff; (2) the fact that the substance reaches the Plaintiff; (3) the causal link between the Defendant’s emission and the Plaintiff’s damage is proved to be acceptable if it is proved without contradictions, and (1) the Defendant’s emission does not contain a cause substance that may cause damage to the Plaintiff; and (2) even if the cause substance contains a cause substance, the Plaintiff is exempted from liability only if it is proved that the Plaintiff’s damage was caused entirely by other cause that is not the Defendant’s emission, not the Defendant’s emission.

The reason why the burden of proof of causation is mitigated is that it is most difficult or impossible to prove the causal relationship between the harmful act and the occurrence of damage in a lawsuit claiming compensation for damages due to high seas, and the perpetrator company is not only easy to investigate the cause of the harm, but also has the social duty to prove that the substance discharged by the perpetrator is not harmful to the victim. Thus, if the damage occurred as a result of reaching the damaged object, it is consistent with the concept of social equity. (2) The application of this case is in accordance with the concept of application of this case.

As to the instant case, it is difficult or impossible to view that the Plaintiffs naturally and objectively prove both the causal link between the smoking of G and the outbreak of waste cancer. However, it is not easy for the Defendants to investigate the cause of G’s waste cancer compared to the Plaintiffs, and there is no evidence to prove that the Defendants have no causal link between smoking and G’s waste cancer. Thus, there is no evidence to prove that the Defendants had no causal link between smoking and G’s waste cancer.

The legal principle of relaxing the burden of proof cannot be applied directly to this case.

(b) Epidemiological causation;

The following facts may be acknowledged either as a dispute between the parties or as a whole by taking into account the overall purport of the pleadings in each entry in Gap, 7, 10, 15 through 17, 19, 25, Eul, 16 through 33, 42, 43, 44, 49, 56, 62 through 67, and 88 (including each number).

(1) The significance of dynamics and research methods

The epidemiology studies the frequency of diseases in human groups, and examines the cause of the spread of diseases for any reason, and its purpose is to prevent the occurrence of diseases by identifying and removing the risk factors involved in the occurrence of diseases. Accordingly, the epidemiology is a ‘general relation between the factors that increase the probability of the occurrence of a specific disease and the occurrence of a disease' in the event of any of the causes. In other words, the epidemiology is a specific population group, second, ascertains the frequency and frequency of the diseases, and third, by establishing and observing the temporary installation for the cause of a disease, thereby identifying the general relation between the factors and the occurrence of a disease.

The epidemian research method is a personal research and observation research, observation research is conducted, that is, cryp research and crossing research is conducted, that is, cryp research and cryp research is conducted, that is, cryp research and cryp research conducted, that is, cryp research conducted, cryp research conducted, and that is, cryp research conducted in cryp research. Each research differs in the examination of the relationship between the disease and the factor according to the objectivity, rationality, and strict compliance of the epry method itself, the degree of objectivity that the research results may vary. - Patients are patients suffering from the disease (patients who are suffering from the disease) and large group of (persons who do not suffer from the disease) who do not seem to suffer from the disease (smoking).

Catho research is a method to compare and analyze the exposure rate, and Catho research is a research method to continuously observe and observe any of the factors that may be considered related to the cause of the disease (Smokings) in any group (non-smokings) and to compare the occurrence rate of the disease (pulmonary cancer generation rate) or the death rate of the two groups.

It is very important to select large group of groups. The other conditions except for specific factors which are subject to observation in the study theory are the ideal of completely selecting large group of groups with the same conditions. However, there are almost no such cases in reality. However, in this case, it is necessary to fully revise the dynamics of two groups in comparison with the target group and the large group of groups in relation to those who have disturbed people, such as sex, age, oil, occupation, residential environment, and food habits, which affect the rate of disease occurrence, as well as the environmental factors other than specific factors. (2) epidemic causation and conceptal causation (A) epidemic causation and its limit.

Epidemiological causations recognized as the basis of statistical relations between temporary factors and diseases represent the degree of general relationship between the disease at the level of the target population group and the relevant factors.

In a epidemiological causal relationship, the relationship, contribution ratio, etc. between the temporary factors in question and other factors is not disclosed, because it is assumed that both the investigation group and the large group are the same conditions with respect to the factors other than those subject to investigation.

In the study that developed the so-called unique disease, which clearly meets the causes and results, such as pulmonary tuberculosis and fever, etc., the causes and vision of which are complicated. It cannot be viewed that the same role is in terms of non-specific diseases that occur by combined action of astronomical factors, such as genetic factors such as genetics and nitrogen, drinking, age, eating habits, occupational factors, air pollution, and environmental factors. Therefore, it cannot be deemed that the existence of specific factors that may occur in the case of non-specific diseases such as lung cancer and the fact that the disease was contracted, alone, proves that there is a high probability of causation between them.

In addition, even if the epidemiologic research finds the cause - the result of the epidemiologic research in any group, the conclusion cannot be the basis for the individual belonging to the group. epidemiologic research is to identify the average identity of the target group, so it is not possible to directly apply to the identification of the causal relationship of a specific person.

(B) The concept of epidemic causal relationship;

① Contribution risk refers to the disease occurrence rate and death rate based on the relevant factor. For instance, for instance, the rate confirmed by continuous observation as to which several persons have continuously smoked. The concept of the rate which shows any result in a group exposed to a specific cause minus the rate which shows the same result in a group not exposed to that cause, other than that of the subject matter of investigation is assumed to have the same effect for both groups exposed to a specific cause. Risk risks are assumed to have the same effect in all of the subject matter of investigation. Risk risks are difficult to accept as significant figures as the cause and consequence affecting the human body. risk of contribution can be presumed to have the cause of a specific individual’s disease, but it cannot be readily determined the cause of a specific individual’s disease.

(2) relative risks.

It means dividing the rate of outbreak of a group exposed to risk factors by the rate of outbreak of a group that is not exposed to risk factors. For example, if the relative risk level 5.0, it means that the rate of outbreak of a group exposed to risk factors is higher than that of the group that is not exposed to risk factors.

3. Group female risk level (popopopopoptristable risk)

In a specific population group, ‘the relative risk of factors related to the disease' and ‘the possibility of exposure' are statistical and positive estimates in consideration of ‘the relative risk' and ‘the possibility of exposure'. It is not possible to apply the risk individually, and it is necessary to examine all the risk factors by reviewing the past behaviors of each individual in medical terms.

(3) Epidemiological causal relationship between smoking and waste cancer

As examined below, epidemiologic causation between smoking and lung cancer is recognized. (A) Review of the existence of epidemiologic causation between smoking and lung cancer

Smoking and lung cancer meet 8 conditions as follows, so it is deemed that there is an epidemiological causation between the two.

(1) Temporal management: The exposure to the cause factor must be more time than the disease. Various cot studies reported the relevance are found to have entered the tracking system for the group that did not suffer from the disease at the time of observation.

② Bologly, the result of animal testing should be recognized. It was confirmed that the training of tobacco dilution to the hamer for laboratory animals has occurred and the marity has occurred as a result of the long-term inhalement of tobacco smoke.

(3) A joint venturecy: A patient who has reported the relevance between smoking and waste cancer; a patient who has reported the relation between smoking and waste cancer; a large military research has more than 50 persons; these studies have conducted several types of large-scale smoking groups (general health, patients, large group of patients, voluntary samples of patients, patients with other diseases, etc.) from different subjects (such as male/ female, various occupational group, multiple races, hospitalized patients, and autopsys, etc.), and have reported all consistent results. In particular, eight cocop studies for large-scale population groups have been conducted in different countries, and all patients - were reported consistent results, such as large-scale military research.

④ According to the results of srength: (a) Smokinger’s death risk was deemed to have been higher than ten times than non-smokingr. If this result was wrong and there is no arbitrity between them, there should be a difference between non-smoking and Smokingr by at least ten times in terms of other factors (e.g., disruptr variables) than smoking. In addition, it is difficult to find this arbitr, and it is not logically inconsistent with this arbitr, so there is a high possibility of epidemiological causation between smoking and waste cancer.

5. Responce: Capacity - reaction relationship should exist. In most dynamic studies, a man who smokes more than 20 smokes more than 15 to 20 times per day due to the death of a lung cancer compared to non-smoking, and the results similar to those of a woman have been observed in comparison with non-smoking. In four cop studies, the trend that the beginning age of smoking is rapid and the death of a lung cancer increases is reported.

6. Incompetency : Since tobacco contains several chemical substances, it may cause a variety of diseases biologically. However, the degree of relevance between smoking and other types of cancer is considerably low compared to waste cancer, and thus special characteristics are recognized.

(7) Rabnity: If the temporary location of smoking causes waste cancer, it should be lower than where the death of waste cancer continues to be smoked in cases of smoking cessation. The same is the risk of death of non-smoking patients after the lapse of 15 to 20 years after smoking cessation in most studies on non-smoking persons.

The fact is reported, which is mainly caused by the reduction effect of smoking before smoking cessation.

(i) Smoking rate is high for men, ii) a population group with high smoking rate is high, and iii) a quantity in which the death rate of pulmonary cancer increases in accordance with year and a quantity in which the smoking rate of pulmonary cancer increases in accordance with year is observed equally. In light of the fact that the dynamic causal relationship is established, dynamic causal relationship between smoking and pulmonary cancer is consistent with existing knowledge.

(B) The results of the epidemic relationship between smoking and waste cancer are as follows: ① in 1952, Richard Dl and Blad Htill’s 1952 paper, “A male waste cancer patient’s 25% per day was smokers (average 25 per day). However, the male large group’s patients were smoking only 13.4% per day.” The medical report of the 1962 British medical conference and the health reduction report of the US in 1964 recognized the epidemic relationship between smoking and waste cancer.

② In the United States of America in 2003, 171,90 new cancer patients have occurred, and 157,200, among the end cancer patients have died. 80 to 90% of the end cancer patients have occurred in relation to smoking, and 10 to 15% of the smoke patients have occurred from among the smokers. In addition, the occurrence of end cancer has occurred from 10 to 15% of the total smokers. The occurrence of end cancer has a difference in personal assumption, and the occurrence of end cancer has to take into account family aptitude, genetic elements, interaction between oil and environment, etc.

③ As a result of the analysis on the cocop research report of 2004 from 34,439 English male doctors to 50 years from 1951 to 2001, the rate of death of a person who did not smoke through life was 100,00 per population of 10,00,00 per population of 10,00,00 per population of 10,000, and the relative risk of death caused by waste cancer was higher than 14.6 ( = 49/17 on February 49, 200). On the other hand, it was found that the rate of death of a person who did not smoke through life was 10,00 per population of 10,00,00 per population of 10,000,000 30,00 per 10,000.

(4) In Japan in 2005, the relative risk of a Smoking person for a non-Smoking person is male.

4. 46 and 3.58 in the case of women, it was found that the relative risk level and contribution risk of smoking in Japan were smaller than that of Western.

⑤ In the course of coco-research for Korean male, the occurrence of waste cancer was deemed to have occurred to minator (average generation rate: 100, 970, 970, 3,258, and 100, and 95.5, respectively). The occurrence of waste cancer to 879, among 190,758, was deemed to have occurred (average generation rate: 100,000, 49,60 per 100,000, 166, 411, whichever was 308, among 160,411, and the occurrence of waste cancer was considered to have occurred (average generation rate: 100,000, 24.2, per 00). Summary, in the case of Korean male, the probability of the occurrence of waste cancer was higher than that of the Smoking, compared to that of the Smoking in the past 30-years.

C. Whether individual causal relationship (1) individual causal relationship is presumed based on epidemiological causal relationship

As seen earlier, epidemal causation is a statistical relationship between specific factors and diseases extracted from the assumption that all other factors are the same as those of a group. Therefore, it is difficult to apply it directly to individual causations identifying the causes of a specific individual's specific disease. In particular, non-specific diseases such as lung cancer are combined with various factors, and it can occur due to other causes except smoking and may occur even to non-smoking, so epidemic causations cannot be applied directly to individual causations.

Therefore, the plaintiffs should directly prove the individual causal relationship between G's smoking and the outbreak of waste cancer in accordance with the general principle of burden of proof.

(2) The following facts as to the outbreak and the outbreak of waste cancer do not conflict between the parties, or may be acknowledged by comprehensively taking into account the overall purport of the pleadings, as set out in each set forth in Section A5, 7, 15 through 17, B, 16 through 33, 49, 63 through 74 (including each number).

(a)An outbreak;

Cancer refers to the group of diseases with the characteristics of "uncontrolled cells are divided without the end and spread to other organs or organizations", and cancer cells have the ability to transfer to other organs or organs, so it spreads to telegraph by spreading a distance from dye form and its surrounding organization and circulation system. Therefore, cancer refers to the form of ‘marity and transition characteristics' generally.

As cancer is generated from a single cell and the normal cell needs a long time to change into a cancer cell, and even from the time when cancer cells have occurred to the time when cancer cells have been diagnosed as cancer, several years have elapsed normally from several years except for congenital cancer and sub-pactite cancer. The reason why the long-term period of time is required to change into a cancer cell due to the differentiation of normal cells, is because the development of cancer cells is undergoing multi-stage processes.

A normal cell is subject to restrictions on life expectancy, which is replaced by a new cell. However, cancer cells are in a condition beyond normal control, and their growth and decentralization without any restriction, and thus, they do not comply with the general rules that can be seen from normal cells. As such, cancer cells are continuously divided and grow up without controlling cancer cells. According to recently revealed, the basic defect of cancer cells is the result of a complex process due to the continuous change of DNA, which is a genetic material within the cells. In other words, cancer is the result of a complex process due to the continuous change of DNA, which is a genetic material within the cells.As such genetic change has been continuously accumulated in the various stages of cancer, changes have occurred in the form of cells, and a genetic change has occurred in the organ and caused cancer by a specific change in the organ.

Modern medicine is understood as ① a fact-finding theory and ② a multi-party theory. The main view is that the occurrence of waste cancer is not a single cause, such as smoking, but a variety of personal and environmental factors are closely related to each other, rather than a single cause, and that the occurrence of waste cancer brings about various diseases in various human institutions, such as waste species and luminous cancer. While it is recognized as a strong cause of smoking, other possible factors are complicatedly connected with each other, it is possible to change the generation rate of a specific population group or a specific individual.

The pulmonary cancer is classified into small-cell cancer and non-cell cancer in a systematic fashion, and the non-cell cancer is further divided into flat-cell cancer, ray cancer, sub-pactine cancer (ray cancer), and large-cell cancer. According to the results of large-scale research on pulmonary cancer, patients for patients who died from pulmonary cancer were 13.4. The Smoking rate of non-arculation cancer of non-arcatories was 18.8. The intersection rate of the eropoopic cancer was 14.3.3, and the intersection rate of the eropoopic cancer was 7.9,000,000,000 in the eropoopic surgery, and the intersection rate of the sub-cell cancer was 14.3,000,000 in the eropologic cancer.

Cancer is a non-specific disease caused by various factors, and there are many kinds of risk factors of lung cancer, and those who are suffering from lung cancer are divided into environmental and genetic factors.

Environmental factors refer to external environmental factors along with various human life habits, and generally, smoking, chronic infections, eating habits, vocational factors, etc. are important; hereinafter this is divided into two parts.

(1) Smoking:

As examined in the above epidemic causal relationship, smoking is the principal examinee of the lung cancer.

As seen earlier, a large number of chemical substances are included in tobacco smoke. Generally, the route in which a chemical is exposed to the human body can be divided into four major parts, such as respiratory, skin contact, fire extinguisher, absorption, injection, etc. However, the exposure to a chemical by tobacco mainly takes place through respiratory and part, and the exposure to a chemical by tobacco is mainly made through a respiratory and fire extinguisher.The respiratory is not only the blood pipe wind, but also the distance between the waste air surface and the blood pipe is merely 1 - 21cm, and the area of the waste air is larger than that of the skin and is larger than 50 times more than that of the skin, it is easy to obtain the infiltration of a chemical substance contained in tobacco.

The level of chemical exposure to the body through the respiratory system is largely divided into gaseous (gas pse) and solid (slose). The gaseous substance is subdivided into two parts, which are not well melting in the water. Among tobacco, it is subdivided into two parts: (a) a chemical substance; (b) a three ton, mertan, amnimeria, and spode; and (c) a chemical substance, which is a chemical substance, in the form of a steam, is so high in the form of a steam; and (d) a chemical substance, which is less than 5§¯, can be flown up to the same level as the waste. On the other hand, the chemical substance in the body is different from the toxicity effect that affects the respiratory system depending on the size of the container; (b) a chemical substance, the diameter of which is at least 5§¯, is less than 1 to 4 meters, and a chemical substance, the weight of which is less than 1 to 5 meters, and each is less than 1 to 4 meters, respectively.

Intititiation causes a dynamic change in DNA, which is a large number of chemicals in tobacco as initior, and is not per se a rock, but an increase in the generation of iniated C, which is a representative chemical known as an promomogen, etc.

② Even if genetic elements are equally exposed to cancer, the quantity required for cancer is very diverse, and there is a person who is easily required for cancer, whereas there is a person who suffers damage safely. 19) This plays a big role in an individual’s genetic nature, i.e., a specific family member, such as the occurrence of genetic diseases, in addition to the environmental differences in the body of each individual, and the differences in living habits, or that the cancer occurs from a specific family member. According to the recent research results, the possibility of being exposed to lung cancer is high if several genes are modified. - During the large-scale military research, the family member of the lung cancer patient’s “the probability of death of the lung cancer is higher than the family member of the patient without the pulmonary cancer,” and “the probability of death of the lung cancer is higher than 2-2.5 times the patient’s family member with the pulmonary cancer,” without considering that there is a very complicated interaction between the climatic environment and the clisome, and thus, it cannot be drawn up to an individual’s environment without being exposed.

(3) Medical history;

As a result of the analysis on cancer patients with no capacity to suffer from lung cancer, the risk of death from lung cancer is 2.53. As a result, patients with an engine astronomical-type disease, and patients with an end-of-life disease, the risk rate of death from lung cancer has increased by 50% even after the outbreak of pulmonary tuberculosis was corrected. In particular, if pulmonary tuberculosis was suffering within the last 20 years, the risk rate of pulmonary cancer has increased by 2.5 times. The results of the cryp research conducted for 13 and 946 persons for 10 years, and the results of the cryp analysis conducted for 10 years, 10 first and second 6.6 second crypam for 20 years, 106 first crypheric-type 46, 206, 206 first crypheric-type 46, 206 first crypheric-type 6.

(4) Meal habitss.

From the year of 1988, the results of the Japanese joint consular research published on June 2005 with support of Japanese literature 45 regions 127,477 participants from the support of Japanese literature 2005 recommended that food may reduce the risk of waste cancer. In addition, the risk of waste cancer by massing the risk of waste cancer of food patients reaches 20%, as the case of persons with a high concentration of or poor in the concentration of waste cancer due to excessive climatic, non-resident A, C, and E by means of taking or notifying the land. In addition, it is also reported that the risk of waste cancer by a group of food patients reaches 20%.

(5) Professional exposure.

실내 혹은 실외에서 석면에 노출되면 중피종 ( 中皮腫, mesothelioma ) 의 위험을 증가시키는 것으로 알려져 있고, 이외에도 비소, 비스 ( 클로로메틸 ) 에테르, 크롬, 니켈 , 방향성 탄화수소, 라돈, 규소, 아크릴 나이트릴, 염화비닐, 베릴리움, 포름알데히드 등의 물질이나 방사선, 엑스선, 감마선, 중성자, 알파입자 등에 직업적으로 노출되는 경우에도 폐암 발생이 증가한다고 알려져 있다. 비소에 노출된 구리 제련공의 폐암 사망률이 그렇지 않은 경우에 비해 3 ~ 4배 높다는 보고도 있다 .

Among the data of the U.S. Industrial Health Research Institute, there is a case that: (a) the proportion of pulmonary cancer death rate for truck drivers is 1.21 (14 to 1.29%) of this 1.21 (14 to 29: trust section of 95%) among the data of the US Industrial Health Research Institute; (b) the bus drivers of 48 years of age (14 years of age: 19 years of service) and the cargo transport maintenance worker of 51 years of age (19 years of service) are recognized in Korea.

As a result of the investigation for Austria non-N workers, workers exposed to dust in the process of dealing with glass, gymal, stones, metal, etc. are reported to be the risk of suffering from various diseases compared to the large workers, i.e., epidemism 67.12, i.e., chronic closed diseases 1.82 and 1.42.

It is known that the diesel engine room generally has a large number of ices ("Bests") that are used in fluorants, and that the occurrence of waste cancer increases when exposure to this substance for a long time.

6. Air pollution also is one of the important risk factors of the occurrence of waste cancer. Although there is no disagreement as to the degree of exposure or air pollution, it is well known that the automobile exhaust gas (in particular, diesel engines), the heating apparatus for household and workplace, power generation facilities, and substances such as hydrocarbons or beecene which belong to the industrial exhaust gas is well known as emitting car substances. In particular, among the exhaust gas of vehicles, diesel combustion emissions are classified into "the substances which are highly likely to be emitting car carcers", and waste cancer is pointed out as the disease most related to the quality of diesel combustion.

The risk of pulmonary cancer is increasing as air pollutants. The hazards of fine dust have recently been known, and the risk of pulmonary cancer in the air has increased. According to the results of cocote study conducted the highest evaluation in this regard, air pollution, in particular, air pollution, waste cancer death rate, and cardiopulmonary death rate will increase in all of the total death rate, and cardiopulmonary death rate. The total death rate is 4% when the quantity of scarcitys in the air increases by 10ug/metres, 6% for cardiopulmonary death rate, and 8% for pulmonary cancer death rate.

According to the comparison of the smoking rate (51. 06%) in the Chom Twit, despite the fact that the smoking rate (19. 78%) in the Chom Twit is higher than that in the Chom, 100, 40.9 (1989) and 44.0 (1999) in the Chom Twit located in the rural area, which is a population of 100, 1989, and 194.5 (199) in August 5, 198 in the Chom Thh located in the rural area, which is a rural area.

(7) Alcoholic content

As a result of an epidemiological investigation published in 2005 (at least 399, 767 annually, 3,137 patients suffering from lung cancer), if both men and women take 30g or more alcohol (at least 0.5 illness level per week, 0.5 disease level per week) per day, the occurrence of lung cancer increases significantly, and in particular, the relative risk level for male who did not smoke once increases 6.38 times per day by 15g or more per day.

In light of the above facts, including the fact of recognition of the above Paragraph (2), it is not sufficient to recognize that the dynamic causal relationship between smoking and lung cancer was caused by smoking, and there is no other evidence to acknowledge otherwise.

4. The causal relationship between the manufacture and sale of tobacco and the outbreak of waste cancer;

Even if there is an individual causal relationship between the outbreak of waste cancer and the smoking of household affairs, according to the facts seen earlier, it is difficult to view that G, who was aware of the hazard of smoking, did not smoke according to the self-regulation, but continued smoking without any choice due to the dependence of nicotine. Furthermore, in such a situation, it is difficult to say that the manufacturing and sale of tobacco by the Defendants is a direct cause for G’s waste cancer generated by continuous smoking for a long time.

In addition, the plaintiffs asserted that G, which was a ocean-going seafarer, had been able to avoid only domestic tobacco by preparing domestic tobacco more than the navigation period at all times. However, it is difficult to believe this is, and there is no other evidence to prove that G was able to avoid only tobacco manufactured and sold by the defendants.

V. The nature of tort liability

1. Whether or not he/she has violated the obligation of warning or regulating the harmfulness of tobacco;

A. Plaintiffs’ assertion (1) Defendant Republic of Korea

The Plaintiffs asserts that the Defendant Republic of Korea violated the following obligations and thereby, the occurrence of G is facilitated or aggravated. (A) Article 4 of the National Health Promotion Act provides that “The Minister of Health and Welfare shall establish and implement a basic policy to promote national health,” and Article 8 of the same Act provides that “The State and local governments shall educate and publicize that smoking is harmful to citizens’ health.” Although Article 8 of the same Act provides that “The State and local governments shall educate and publicize that smoking is harmful to citizens’ health, it is possible to prohibit, prohibit, prohibit, or restrict the sale outside the designated place, and the Defendant Republic does not take measures such as promoting the hazard of smoking.”

(B) According to Article 6 of the Consumer Protection Act (wholly amended by Act No. 3921 of Dec. 31, 1986 and enforced April 1, 1987, and the Act to be amended by Act No. 7988 of Sep. 27, 2006), the head of the central administrative agency shall set the standards to be observed by the business operators concerning material matters, such as ingredients, content, structure, etc. of goods and services, in order to prevent any harm to consumers' lives, bodies, and property due to the goods or services under his/her control, and shall make such public announcement. Accordingly, the defendant Republic of Korea has the duty to notify the specific harmfulness of tobacco, establish the criteria for safeness of tobacco's body, remove and reduce the harmful content of tobacco, but has violated such administrative guidance (2).

The defendant company argues to the effect that, through the research of the tobacco research institute, it did not inform G of the degree of harm of tobacco for a long time, the degree of cancer, and the dependence of nicotine, and thereby caused damage to G to the occurrence of waste cancer.

B. Determination

As seen earlier, it is difficult to view that the Defendants are obliged to give more explanation or warning beyond indicating the warning under the relevant laws and regulations with respect to the harmfulness of smoking. Therefore, it is limited to whether Defendant Republic of Korea is liable for damages due to violation of the National Health Promotion Act and the Consumer Protection Act.

First, it was enacted on January 5, 1995 on the nature of the liability for damages caused by the violation of the National Health Promotion Act, and the National Health Promotion Act was enacted on January 5, 1995 on the relation between smoking and smoking, and the relation between smoking and waste cancer, and as seen earlier, G was diagnosed as waste cancer on August 199. Thus, even if the Defendant Republic of Korea violated the above law, it is difficult to view that there was causation between the occurrence of waste cancer with that of the Defendant Republic of Korea, and there is no other evidence to acknowledge this differently, the Plaintiffs’ above assertion is without merit without further review.

Next, Article 6 (1) of the Consumer Protection Act provides that "the State (amended by Act No. 5030, Dec. 29, 1995 to the State) shall set the criteria to be observed by the business operators in relation to the material contents, such as the composition, content, structure, etc. of goods and services, ② the contents and methods of indicating instructions, warnings, etc. for the use of goods and services or the use of services, ③ other matters deemed necessary for the prevention of danger and injury, as stated in the above Article 6 (1) of the Consumer Protection Act, in order to prevent any danger and injury to consumers' lives, bodies, and property caused by the goods and services provided by the business operators (the person who manufactures, processes, sells, or provides goods and services). However, it is difficult to view that the Republic of Korea unlawfully violated the obligation to indicate tobacco ingredients as the tobacco business Act amended on Jan. 26, 2002.

2. Whether any information on the harmfulness of tobacco is concealed;

The plaintiffs, while establishing and operating a tobacco research institute, have accumulated research results on the hazards, cancer, and nicotine dependence of tobacco for a long time, but they concealed and spread false information without disclosing the hazards, cancer, and nicotine dependence, and thereby the occurrence of the pulmonary cancer of G was facilitated or aggravated. However, there is no evidence to acknowledge this. Thus, the above plaintiffs' assertion is without merit without need to further examine.

VI. Conclusion

Therefore, the plaintiffs' claims against the defendants are dismissed on the grounds that they are without merit.

Judge landscaping column of judge

Judges Park Jae-young

Judge Chuncheon

A person shall be appointed.

1) The name of the tobacco called Notiana taba is Jan Nitot name.

2) The percentage of the proceeds from the resale of tobacco out of the total national revenues, while the resale of tobacco is wholly implemented, is the percentage of the proceeds from the resale of tobacco.

5% or 8% has been reached, and in particular, since the 1970s, the average of 7% or more has been exceeded.

2. 641 won of tobacco consumption tax, 321 won of local education tax, 164 won of value-added tax, and the country, where the tobacco is based on 'd' of 00 won.

Consumer Health Promotion Fund 354 won, 15 won, 75.1% of consumer price, such as waste charges, 1,502 won, 354 won, 15 won, and 7 won;

It is collected under the name of various taxes, charges, etc.

3) However, the tobacco tobacco cultivation was transferred to the Ministry of Agriculture and Forestry on April 1962, 1965.

4) Article 9 of the Addenda to the Korea Resale Corporation Act provides that "the State shall have regard to the business set forth in Article 10 on the day preceding the commencement of the business."

section 10 provides that the Corporation shall be deemed to have succeeded to the rights and obligations of the Corporation.

Support for ginseng cultivation, ② Purchase of leaf tobacco and raw ginseng, ③ manufacture of tobacco, red ginseng and red ginseng products, ④ red ginseng and red ginseng

(5) Assistance in the quality control of white ginseng and white ginseng products, 6 New matters concerning tobacco and red ginseng business

(7) Fostering and supporting academic research institutes and organizations concerning tobacco and red ginseng business; 8 within subparagraph 1

(9) The work incidental to the work referred to in subparagraph 7 and the work entrusted by the Government is defined as "the work entrusted by the Government".

5) Supreme Court Decision 2003Da16771 Delivered on March 12, 2004

6) The Product Liability Act and the previous Product Liability Act providing for design defect and display defect as fault liability.

It is judged that the Supreme Court's position that has been interpreted as negligence liability is not different from each other.

7) Supreme Court Decision 2003Da16771 Decided March 12, 2004 see Supreme Court Decision 2003Da16771 decided March 12, 2004; the existence of a defect and the occurrence of

The above position of the Supreme Court precedents recognizing the presumption of causation between the parties is referring to the legal principles of the United States precedents.

As a result, the U.S. precedent is a requirement for the recognition of a de facto presumption of the existence of the defect and the causal relationship.

The accident was caused by the acts of facilities or employees under the exclusive control of the defendant, and ② the plaintiff's side.

There is no competition of negligence due to an salival act, and ③ the accident does not normally occur without the fault of any person.

(4) The evidence to explain the content of the accident is more close to the defendant than the plaintiff.

required by section 23.

8) There are about approximately 600 food additives, such as coffee extractions, sugar, roto, cocoa, menttolus, blautel, and cromatics.

19) However, there is a view that there is a possibility that nicotine might act as a risk factor of promoting the formation of nicotine.

10) The value of tar in a broad sense is the creation of coal, petroleum, wood, or other organic products in black color produced when they were dried, dried and decomposed.

Since tobacco is also a dried grass leaf, tar will be generated at the time of solar tar.

11) The ICRC began to classify it into five group from 1987 to five group.

12) The term "polym" and "chlorated" mean "polym", and "dibenzo" is called "dibenzo".

The meaning of two "the two", and dixin means two places of origin "the two places of origin", and p- dixin faces two places of origin "the two places of origin".

It is meaningful.

13) The meaning of 7.

14) Retroactive poisoning means a specific symptoms shown due to exposure to any substance. For example, alcoholic beverages:

If there are a large number of alcohol addiction, alcohol acute addiction is shown.

15) The delivery of Dominants an important role in the formation of Nicco’s compensation action for brain and a method of action that is conditional.

16) Abuse means using a drug or other substance in a form that deviates from social norms. WHO abuse.

It is defined that drugs are continuously or frequently used regardless of medical use.

17) With respect to such measures, providing for a substitution for the term "A" dependent on "B" and providing for a larger range of substances and actions.

It reflects the tendency of the mental academia to include in ‘reliance', and from this point of view, dial-a-law, sports, and the Internet.

There is a view that use, shopping, etc. are included in the dependence category by setting them as behavioral dependence.

18) increase the accuracy of the paper to be used in a cigarette or promote air circulation by means of drilling the mouth.

19) There are only 10 to 15% of the total smokers, and 10 to 15% of the total waste cancer patients are non-Smoking.

I considered.