[1] Whether the principle of mitigation of the burden of proof in product liability can be applied directly to the verification of causation between the defect of tobacco and the occurrence of waste cancer by a inseminator (negative)

[2] Whether smoking is due to nicotine dependence and can not be viewed as not a choice based on free will (negative)

[3] Whether the tobacco manufactured and sold by the Republic of Korea, etc. has a manufacturing defect (negative)

[4] Whether there is a design defect in tobacco manufactured and sold by Korea, etc. (negative)

[5] Whether the tobacco manufactured and sold by Korea, etc. has a defect in indication (negative)

[6] Whether the principle of mitigation of the burden of proof in a pollution lawsuit can be applied directly to the verification of causation between Smokingr's smoking and the outbreak of waste cancer (negative)

[7] Whether an epidemiological causal relationship between smoking and the occurrence of lung cancer is recognized (affirmative)

[8] In a case where an epidemiological causal relationship exists between smoking and lung cancer, whether such an individual causal relationship can be applied directly to ascertaining the cause of a specific individual’s specific disease (negative)

[9] The case holding that the epidemiological causal relationship between smoking and the lung cancer and the long-term smoking of Smokings cannot be acknowledged individually as to the occurrence of lung cancer and the smoking between Smokings

[10] The case holding that it is difficult to view that a tobacco manufacturer's occurrence of waste cancer has deteriorated or deteriorated by the above actions of the Republic of Korea, etc., unless it is acknowledged that the Republic of Korea has sold free tobacco while paying tobacco to the military personnel, although it is recognized that there is no evidence that the smoker's smoking volume has increased, or there is no evidence that the smoker's smoking volume has been forced or encouraged to smoke, or that the smoker's smoking has been forced or encouraged to smoke, etc.

[1] Tobacco is difficult to be deemed as a product that is produced with high technology and its production process can only be known by a manufacturer who is an expert, and it is difficult to view that the occurrence of waste cancer occurred in an area where tobacco manufacturers are exclusively controlled by tobacco manufacturers. Waste cancer is non-specific disease where various factors act in a complex, and can occur due to causes other than smoking, and it is difficult to see that it does not occur ordinarily without fault of a tobacco manufacturer. Thus, the principle of mitigation of the burden of proof in product liability cannot be applied directly to the verification of causation between tobacco defect and waste cancer.

[2] Although nicotine has physical, physiological, and psychological dependence, a substantial part of nicotine is psychological, and the degree of physical dependence is weak compared to opiums and cancers. Therefore, smoking is due to nicotine dependence and it is difficult to view that it is not a choice based on free will.

[3] Even if the tar and nicotine content of tobacco manufactured by the Republic of Korea in the 1960s was higher than that of the United States tobacco, etc., and continuously reduced the tar and nicotine content of the manufactured tobacco from the 1970s to the end of the 1980s, it is difficult to view that the tobacco produced and sold by the Republic of Korea did not have the quality safety within the expected range in light of the level of technology and economic feasibility at the time of distribution in light of the technical level and socioeconomic environment of the Republic of Korea.

[4] As long as the smoking of tobacco is the essential characteristics of tobacco, it is difficult to view the removal of nicotine as a rational alternative design consistent with the tobacco's characteristics and usage, and there is no other evidence to acknowledge the existence of a reasonable alternative design to remove nicotine and tar from tobacco smoke, there is no method to smelt nicotine or tar from tobacco smoke, and even if it is possible to remove nicotine only in a selective way from tobacco smoke, since nicotine of tobacco is the main ingredient of creating the utility of a symbol in tobacco, such as alcohol or coffee, and thus, it is difficult to view that the removal of nicotine is a rational alternative design consistent with the expectation of tobacco smoke. If there is no other evidence to acknowledge the existence of a reasonable alternative design to remove nicotine and tar from tobacco smoke, it is difficult to deem that tobacco, etc. has a defect in tobacco smoke’s currently reduced nicotine and nicotine content by continuously reducing the smoke’s tar and nicotine content, and even if it is possible to remove nicotine from tobacco smoke, etc., it is difficult to deem that there is a defect in the manufacturing and sale of tobacco in the Republic of Korea.

[5] It is difficult to view that a large number of articles about smoking hazards were obligated to indicate phrases about smoking hazards in the world prior to their actual operation in each daily newspaper of the United States in 1964. Since the report of the health care center of the United States in 1964 officially reported the hazards of smoking hazards, it is difficult to view that Smoking has already been aware of the hazards of smoking, so the Republic of Korea has a duty to indicate phrases about smoking hazards at this time. After the 1975 1975 1, the relations between smoking and waste cancer had already been publicly known after the 1975 195 195 199 the 197 194 199 199 190 190 200 20 200 20 20 200 20 20 20 20 20 20 20 20 20 200 20

[6] As in the case of pollution lawsuits, it is difficult or impossible for tobacco manufacturers to prove in nature both the high interest of the causal relationship between smoking and the outbreak of waste cancer. However, it is not easy for tobacco manufacturers to investigate the causes of the occurrence of waste cancer in comparison with Smokings, and there is no evidence to prove that tobacco manufacturers have no causal relationship between smoking and the outbreak of waste cancer. Therefore, the legal principle of relaxing the burden of proof in the pollution lawsuit cannot be applied directly to proving the causal relationship between smoking of Smokings and the occurrence of waste cancer.

[7] Epidemiological causation between smoking and lung cancer is recognized.

[8] Epidemiological causation is a statistical relationship between a specific factor and a disease extracted under the assumption that all other factors are the same as that of a group. Therefore, it is difficult to apply it directly to an individual causal relationship that investigates the cause of a specific individual’s occurrence. In particular, non-specific disease such as waste cancer, etc., is a combination of factors, and it can occur due to other causes except smoking and may occur even to non-smoking, so it is difficult to apply the epidemiological causal relationship directly to an individual causal relationship.

[9] The case holding that the epidemiological causal relationship between smoking and lung cancer and the long-term smoking of the Smokingr of this case cannot be acknowledged individually as a causal relationship between the outbreak of waste cancer and the smokingr of this case

[10] The case holding that it is difficult to view that a tobacco manufacturer's occurrence of waste cancer has deteriorated or deteriorated by the above actions of the Republic of Korea, etc., unless it is acknowledged that the Republic of Korea has sold free tobacco while paying tobacco to the military personnel, although it is recognized that there is no evidence that the smoker's smoking volume has increased, or there is no evidence that the smoker's smoking volume has been forced or encouraged to smoke, or that the smoker's smoking has been forced or encouraged to smoke, etc.

[1] Article 750 of the Civil Act, Article 2 subparagraph 2 of the Product Liability Act, Article 3 of the Product Liability Act, Article 288 of the Civil Procedure Act / [2] Article 750 of the Civil Act, Article 2 subparagraph 2 of the Product Liability Act, Article 3 of the Product Liability Act / [3] Article 750 of the Civil Act, Article 2 subparagraph 2 (a) and Article 3 of the Product Liability Act / [4] Article 750 of the Civil Act, Article 2 subparagraph 2 (b) and Article 3 of the Product Liability Act / [5] Article 750 of the Civil Act, Article 2 subparagraph 2 (c) and Article 3 of the Product Liability Act / [6] Article 750 of the Civil Act, Article 3 of the Product Liability Act, Article 288 of the Civil Procedure Act / [7] Article 750 of the Civil Act, Article 330 of the Product Liability Act, Article 288 of the Civil Procedure Act / [8] Article 208 of the Civil Act

Plaintiff 1 and six others

Plaintiff 8 et al.

Plaintiff 11 et al.

Plaintiff 13 and four others

Plaintiff 18 and six others

Plaintiff 25 and 3 others (Attorneys Lee Jae-soo et al., Counsel for the plaintiff-appellant)

Republic of Korea and one other (Law Firm Sejong, Attorneys Park Jong-soo et al., Counsel for the plaintiff-appellant)

December 21, 2006

1. Each of the plaintiffs' claims is dismissed.

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

The Defendants shall serve 30,00,000 won on each of the plaintiffs 1, 2, 3, 4, 5, 6, and 7 respectively, 19,857,142 won on each of the plaintiffs 8, 15,571,428 won, 13, 12,181,818 won on each of the plaintiffs 14, 15, 16, and 17, 9,454,545 won, and 30,000 won on each of the plaintiffs 12, 20,000,000 won, 18, 19, 2019, 201, 201, 200, 230, 207, 2005, 207, 2007, 2005, 200, 2007, 2007, 2007, 2007, 2005.

[Supplementary Cases]

Ⅰ. Basic Facts

Ⅱ Acts and subordinate statutes relating to the sale, advertisement and display of tobacco.

Ⅲ The arguments and issues of the parties

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

1. Product liability doctrine

2. Whether a defect exists;

· Nicotic and harmful components contained in tobacco smoke

· the existence and degree of nicotine dependence

· the existence of a product or design defect

· the existence of any defect in indication

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

· epidemic causal relationship

· individual causations

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

V. The nature of tort liability

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

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

3. Whether the consumer is harsh by spreading false information;

4. Whether or not to promote smoking desire or lung cancer infections by tobacco additives;

5. Whether the nicotine content of tobacco for maintaining nicotine dependence is manipulated;

6. Whether Defendant Republic of Korea promotes smoking;

7. Other matters.

VI. Conclusion

I. Basic Facts

The following facts are: (a) there is no dispute between the parties, or (b) the result of the medical examination and physical examination on the records of Nonparty 1, 2, 3, 1, 19 through 22, 41 through 46, 50, 96, 104 through 110, 200 through 203, 205, Eul 1, Eul 30, and 101 (including each number), appraiser Cho 30, Han 30, Han 30, Han 1,11, and 25 (hereinafter “the result of the examination of this case”); (c) the result of the examination of the medical treatment records and physical examination on the Smoking of the Plaintiff at the school of the tobacco generation; (d) the head of the research institute at the school of the court of this case; (e) the head of the research institute at the school at the Dongdong University at the school at the tobacco generation; (e) the head of Samsung Hospital at the Seoul National Hospital; and (e) the purpose of the examination of the Plaintiff.

1. Future of tobacco and social acceptance;

Tobacco was introduced to Europe by a call bus that discovered an unregistered landing, and imported tobacco directly cultivated in the middle century of the 16th century to the Paris Council for the purpose of consumption in Paris. It is the first time for Asia to introduce tobacco introduced by a Spanish to the Philippines around 1571. The first time is to introduce tobacco introduced by a Japanese army around 1571. The tobacco was first introduced by a Japanese army in the early 1600s, and was presumed to have been cultivated in full terms with a tobacco ing in Japan in the early 1600s. Tobacco is considered to have been manufactured in most tobacco used in Korea, but most of the tobacco is produced in the form of tobacco for smoking; hereinafter this case means tobacco for smoking.

2. Manufacture and sale of tobacco by the Defendants;

A. Resale of Defendant Republic of Korea tobacco

The tobacco business in Korea has been implemented as a resale system at the level of national finance 2). The tobacco business in 1909 began to be imposed on the tobacco farming and sales in accordance with the tobacco tax law, which was 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 General Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government under the Decree on the tobacco sales 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. These exceptional provisions were repealed in the 1930s, and a complete tobacco sales system was adopted.

After that, according to the organization of the Ministry of Finance and Economy enacted on November 1, 1948 as part of the reorganization of the administrative organization with the establishment of the government of the Republic of Korea, the resale was organized under the Ministry of Finance and Economy, and the reorganization and re-issuance was completed on April 20, 1952. After the establishment of the tobacco sales act on January 20, 1956, the above tobacco sales order, which maintained its validity after the sunset, was abolished, and the legal system of the tobacco sales act on December 30, 1972, was completely revised as the tobacco sales act.

The domestic tobacco manufacture and sale will be operated in the form of the resale of Defendant Republic of Korea, and Article 3 of the Tobacco Sales Act (as amended in the first sentence of December 12, 1986, tobacco shall be resold by the State (as prescribed in paragraph (1); 1 shall be resold by the State; 2. paragraph (2) shall be entrusted to the Korea Resale Corporation established in accordance with the Korea Resale Corporation Act (as prescribed in this Act; 2.) as well as the business incidental thereto, has been transferred by December 26, 1986 to the Korea Resale Corporation Act (Law No. 3868, Apr. 1, 1987; 4.1, April 1, 1989) which was enacted in December 26, 1986.

B. Manufacture, sale, and privatization of tobacco in the Defendant KTW area

The Tobacco Sales Act was repealed upon the enactment of the Tobacco Business Act by Act No. 4065 on December 31, 198, and the Korea Tobacco Sales Corporation was dissolved pursuant to the Korea Tobacco and Ginseng Corporation Act (No. 4064, April 1, 1989, repealed on October 1, 1997) enacted on December 31, 198, and transferred its authority to the Korea Tobacco and Ginseng Corporation established under the said Act (hereinafter “Defendant Company”). Meanwhile, the Tobacco Business Act repealed the tobacco sales regulations and allowed the import and sale of foreign tobacco by enacting only regulations (Article 11) and repealed the tobacco from July 1, 2001 to domestic production.

After all, the defendant Republic of Korea, a shareholder of the defendant company, sold all stocks subject to privatization until October 2002 through the process of public offering of domestic stocks on October 1999; issuance of exchangeable bonds in a foreign country on December 200; issuance of foreign certificates of deposit and exchangeable bonds on October 2001; issuance of domestic stocks and exchangeable bonds on June 2002; issuance of certificates of deposit in a foreign country on October 2002; and issuance of certificates of deposit in a foreign country.

3. Occurrence of smoking power, waste cancer, etc. of the Smokingers of this case;

(a) Smoking power;

(1) Method of recognition

In this case, the smoking volume of the Smokings of this case indicated in the medical record paper, medical record paper, hospital record paper, nursing information research paper, and the statement of their relatives (hereinafter “medical record paper, etc.”) regarding the Smokings of this case, and the smoking volume recorded in the medical record paper, etc. by clinical doctor is not consistent. The smoking volume recorded in the medical record paper, etc. is not a specific question with the patient when calculating the smoking volume as seen below, but a significant part of the smoking habitss of this case, not a specific inquiry to the extent used by the epidemiological researcher in calculating the smoking volume. However, there is no other evidence to acknowledge the smoking power of the Smokings of this case other than the medical record paper, etc., and it is unreasonable to estimate the overall smoking habits and smoking volume of the Smokings of this case recorded in the medical record paper, etc., based on the basic data to evaluate the relationship between the outbreak of waste cancer and the smoking volume of this case, etc., by each plaintiff, as well as the total smoking volume of the Smokings of this case.

(2) Facts of recognition

(A) Plaintiff 1

(1) Date of birth: October 28, 1942

(2) Smoking power: 20 years;

(B) Nonparty 1

(1) Date of birth: January 20, 1948

(2) Smoking power: 30 years;

(C) Plaintiff 11

(1) Date of birth: November 13, 1949

(2) Smoking power: 25 grams.

(D) Nonparty 2

(1) Date of birth: April 19, 1941

(2) Smoking power: 30 years;

(E) Nonparty 3

(1) Date of birth: April 2, 1940

(2) Smoking power: 40 years;

(F) Plaintiff 25

(1) Date of birth: November 2, 1938

(2) Smoking power: 30 years;

(b) Occurrence of lung cancer;

(1) Facts of recognition

(A) Plaintiff 1: A. on September 23, 1999, the Plaintiff was diagnosed as pulmonary cancer (cell cancer) at the Cystrotoon Hospital at the Cystroon Hospital at the Nystroop School.

(B) Non-party 1: On June 30, 1999, Non-party 1 diagnosed as a balpamum cancer at a Tol University Gangnam Masung Hospital. As a result of the chest computer-to-ray shooting and X-ray shooting, Non-party 1 diagnosed as a balpamumum, but died on March 31, 200 during the treatment while the organization inspection was not conducted in a situation where the relative Materna was not conducted.

(C) Plaintiff 11: A diagnosis of lung cancer at the Seoul Central Hospital on August 20, 1997, and a stoveoc control operation, radiation therapy, and anti-ctop cancer treatment.

(D) Non-party 2: A diagnosis on March 8, 199 of the Samsung Seoul Hospital as the waste cancer (non-cell cancer, e.g., e., e., mobile cell cancer in medical records) and death on June 15, 200 during treatment.

(E) Non-party 3: A hospital affiliated with the Dental University of the Macheon National University of 1999 diagnosed as pulmonary cancer (HHA) and died on January 30, 2004 during treatment.

(F) Plaintiff 25: Medical school of the Japanese generation on March 24, 1999, diagnosed as pulmonary cancer (small cell cancer) at the Youngdong Hospital of the University of the Japanese Generation on March 24, 199.

(2) Possibility of cryrance

According to the appraisal results of this case, the following facts can be acknowledged.

In most cases, electric cancer is a multiple dystrophal disease, and it was not possible to discover evidence on the parts of the other parts of the body, as well as on the time of the operation, even after several years after the operation, and thus, it is unlikely that the waste cancer of the Smokingr of this case and the cancer cells generated on the part of the other parts of the body are transferred.

4. The relationship with the remaining plaintiffs

A. Plaintiff 2 is Plaintiff 1’s wife, and Plaintiff 3, 4, 5, 6, and 7 are Plaintiff 1’s children.

B. Plaintiff 8 is Nonparty 1’s wife, and Plaintiff 9 and 10 are Nonparty 1’s children.

C. Plaintiff 12 is the wife of Plaintiff 11.

D. Plaintiff 13 is Nonparty 2’s wife, and Plaintiff 14, 15, 16, and 17 are Nonparty 2’s children.

E. Plaintiff 18 is Nonparty 3’s wife, and Plaintiff 19, 20, 21, 22, 23, and 24 are Nonparty 3’s children.

F. Plaintiff 26 is Plaintiff 25’s wife, and Plaintiff 27 and 28 are Plaintiff 25’s children.

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

1. Prohibition from selling tobacco to minors;

From April 1, 1938, which was enacted and enforced in Japan by the Decree No. 145 on March 3, 1938, by the Japanese governor-general, the Act on the Abstinence of Minors was prohibited from selling tobacco to minors. The Act on the Abstinence of Minors was amended in accordance with the reality even after luminous, and the penal provisions have been strengthened, and was enforced from January 1, 1948, prior to the establishment of the Government of the Republic of Korea. The Act on the Abstinence of four professionals and this Act, which was subordinate to the Act, prohibits smoking of persons under 20 years of age (Article 1), confiscated tobacco and smoking appliances (Article 2), and stipulates that persons with parental authority and supervisor who did not control smoking, and those who sold tobacco or appliances to minors, were punished by a fine (Articles 3 and 4). This provision was enacted on December 13, 1961, and was enacted on the Act on the Protection of Juveniles under the Juvenile Protection Act.

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 of December 31, 1988)

Article 25 (Indication of Warning Note and Restrictions 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 describe a warning clearly stating 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 referred to in 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 Manual) The smoking warning words shall be indicated in Korean on the packing paper of all manufactured tobacco under Article 25 (1) of the Act.

Enforcement Regulations of the Tobacco Business Act (amended by Ordinance of the Ministry of Finance No. 1769 of January 24, 1989)

Article 18 (Indication, etc. of Smoking Warning)

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

(2) When the Minister of Finance and Economy desires to modify the smoking warning phrase, he shall notify it to the manufacturer 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 phrase 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) Types of ingredients, criteria for measurement, designation of measuring agency, method of indication, scope of allowable errors, omission of indication of ingredients, which shall be indicated under the provisions of 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)

Article 9-2 (Indication Criteria for Tobacco Ingredients) Pursuant to Article 25-2 (1) of the Act, the major ingredients and their contents in the smoke of one cigarette shall be indicated on what fall under any of the following subparagraphs:

1. One of both sides of the wrapping paper of tobacco pack;

2. Advertisement by stickers or posters posted in the business places of retailers;

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 criteria for measurement under the provisions of Article 25-2 (2) of the Act means that they are based on the method of testing tobacco smoke ingredients as determined by the International Organization for Standardization, and the detailed criteria for measurement shall be determined by the Ordinance of the Ministry of Finance and Economy.

(2) Measurement cycles of tobacco ingredients under the provisions of 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 Regulations 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 indication of tobacco ingredients under Article 9-3 (2) of the Decree shall be based on the standards of attached Table 5 [Attachment 5] (Omission].

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

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

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 of this case manufactured and sold by the Defendants were addicted to nicotine, and each waste cancer and balk cancer (hereinafter referred to as “waste cancer, except for the case where Nonparty 1’s latter cancer is particularly at issue) were refunded. The occurrence of waste cancer by the Smokingers of this case is either a defect of tobacco manufactured by the Defendants, or is due to the following acts of the Defendants, and thus, they sought against the Defendants the payment of the amount claimed to each of the Plaintiffs as compensation for mental damage caused by the outbreak, death, and nicotine dependence of the smokers of this case.

(1) The smoke of tobacco contains various harmful substances and, in particular, nicotine dependence, it is unlawful to manufacture and sell tobacco 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 or spread false information on tobacco, thereby harshing consumers.

④ The Defendants put additives into tobacco and facilitate the occurrence of smoking desire or waste cancer.

⑤ In order to maintain nicotine dependence, the Defendants manipulated the nicotine content of tobacco.

6. The Defendant Republic of Korea paid a soldier the purchase cost of tobacco or tobacco, sold tax-free tobacco, or promoted smoking by laging the policies for promoting domestic tobacco.

B. Regarding causation

(1) As to the causal relationship between the defect of tobacco and the occurrence of waste cancer

(A) The principle of relaxing the burden of proof in product liability

The occurrence of waste cancer is caused by defects of tobacco, which is a product under the exclusive control of the defendants. Thus, in this case, the burden of proof is mitigated in accordance with the Product Liability Act. Thus, unless the defendants prove that the waste cancer of the inseminators of this case is due to reasons other than tobacco, there is a defect not meeting the reasonable safety in light of social norms, and it is presumed that the occurrence of nicotine and waste cancer of the inseminators of this case is caused by defects of tobacco.

(B) The legal principle on mitigation of burden of proof in pollution lawsuits

Since the outbreak of waste cancer caused by smoking is similar to pollution lawsuits in terms of the progressive development of diseases as the cause substance is accumulated in human body for a long time, the legal principle of relaxing the burden of proof in the pollution lawsuit applies to this case also. The plaintiffs are exempt from liability only if they prove that ① contain cancer in tobacco manufactured and sold by the defendants, ② each time of smoking the substance was accumulated in the body of the Smokings of this case; ③ thereafter, if they prove without contradiction the fact that the waste cancer occurred to the Smoking of this case, it is proved that the causal relationship between the cause substance and the occurrence of the waste cancer of the tobacco of this case, which is the tobacco, and the smokingr of this case, has been proved. The defendants do not contain the cause substance in tobacco, or contain the cause substance, or even if they contain the cause substance, it is not sufficient to cause the waste cancer, or if they cause the cause is entirely caused by any other cause other than tobacco.

(C) proof of compliance with individual causations based on epidemiologic causations

Inasmuch as epidemiological causal relationship between smoking and lung cancer is recognized, and the Defendants do not prove that the waste cancer of the Smokingr of this case is due to any other cause, individual causal relationship between smoking of the Smokingr of this case and the outbreak of waste cancer was proven to be acceptable.

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

Since the Defendants did not give sufficient warning to their harmfulness while manufacturing and selling tobacco, the Smokings of this case began to smoke and continued to smoke because of 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, it is natural result according to the unique characteristics and methods of use of the tobacco itself, so it cannot be said that the tobacco itself has a manufacturing and design defect.

③ In line with 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 as to 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 the duty of warning more than that of the warning and regulatory measures.

(4) The Defendants did not conceal information on the harmfulness of tobacco, conceal consumers by spreading false information on tobacco, put additives to promote smoking desire or the development of lung cancer, or manipulate nicotine content of tobacco in order to maintain nicotine dependence.

⑤ As long as the Defendant Republic of Korea’s payment of the cost of purchasing tobacco or tobacco to soldiers and sales of duty-free tobacco and the arrangement of domestic policies to encourage smoking is not aimed at promoting smoking, it cannot be deemed that the Defendant Republic of Korea is responsible for the outbreak of waste cancer of the Smokingers.

B. Regarding causation

(1) As to the causal relationship between the defect of tobacco and the occurrence of waste cancer

In this case, the principle of mitigation of burden of proof cannot be applied to product liability or pollution lawsuit, and the epidemic causal relationship alone is insufficient to recognize individual causal relationship between smoking and the outbreak of waste cancer of this case.

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

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 the Smoking of this case depends on nicotine. Therefore, the causal relationship between the manufacture and sale of tobacco by the Defendants and the development of waste cancer by the Smoking of this case is not recognized.

3. Determination of legality of manufacturing and sale itself and the organization of issues;

A. The legality of manufacture and sale of tobacco itself

Since the early 17th century entered the Republic of Korea, tobacco was accepted in society. Since the beginning of the 20th century, the resale system was adopted for national finance revenue, and its manufacture and sale 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 viewed as illegal.

B. Organization of issues

Therefore, in this case, it is a matter of whether the occurrence of the waste cancer of the Smokingr of this case is caused by the manufacture, design, or display defect of tobacco, or caused by the act as described in the above 1. A-2 to 6th claim 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 about tobacco, and whether the Defendants were the aforementioned acts despite their duty not to perform the acts as stated in 1. A-2 to 6.

(2) Issues on causation

In the instant case, the issue is whether to apply the principle of mitigation of the burden of proof recognized in product liability and pollution lawsuits, and whether the epidemiological causal relationship between smoking and the outbreak of waste cancer is recognized as a result of smoking.

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

1. Product liability doctrine

A. The meaning of the defect of the product

(1) Decision 5) Case concerning defective products

A manufacturer who manufactures and sells goods shall be liable to manufacture and sell the goods with safety and durability within the expected range in light of the level of technology and economic feasibility at the time of their distribution, in terms of the structure, quality, performance, etc. of the goods, and shall be liable to compensate for damages caused by tort if any defect fails to meet such safety and durability occurs to consumers.

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 the 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, such as the product’s characteristics and use, the user’s expectation of the product, anticipated risks, user’s 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 did not provide reasonable explanation, instruction, warning, or any other indication but could have reduced or avoided damage or risk caused by the product. The existence of such defect should be determined in light of social norms by comprehensively taking into account all the circumstances such as the product’s characteristics, ordinary usage mode, user expectation of the product, foreseeable risks, user awareness of the risks, and the possibility of avoiding risks by the user.

(2) The meaning of product defect under the Product Liability Act

The Product Liability Act was enacted by Act No. 6109 of Jan. 12, 200 and enforced from July 1, 2002. The above Act defines the term "defect" as lacking safety in manufacturing, design, or indication defects or other ordinary expectations of the product in question. Here, the term "manufacturing defect" means a case where the safety of the product is not ensured because the product was manufactured or processed differently from the original design despite the manufacturer's duty of due care in manufacturing and processing the product in question. The term "design defect" means a case where the product fails to adopt a reasonable alternative design even if damage or risk would have been reduced or avoided if the manufacturer had adopted a reasonable alternative design, thereby preventing the safety of the product from being caused by the failure to adopt a reasonable explanation, instruction, warning, or any other indication.

In light of the above provisions of the Product Liability Act related to the definition of product defects, the Product Liability Act provides 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 a negligence-based liability (it is understood that the manufacturer is negligent in not adopting a reasonable alternative design in the case of the design defect, and that the manufacturer did not provide a reasonable explanation, instruction, warning, or other indication in the case of the display defect).

On the other hand, the above Act provides that "this Act shall apply to products first supplied by a manufacturer after the enforcement of this Act," and the above Act does not apply to the claim for damages of this case caused by defects of tobacco sold before the enforcement of the above Act, so the product liability should be determined in accordance with the existing Product Liability Act.

However, in the product liability case where the above law is not applicable under the above supplementary provision (Supreme Court Decision 2003Da16771 Decided March 12, 2004), the Supreme Court has interpreted the meaning of design defect and display defect in the product liability as the same in fact as the contents of the Product Liability Act and state 6).

(b)the causal relationship between the defect and the loss.

(1) Mitigation of burden of proof

A product 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 a fault liability.

Therefore, in order to inquire the Defendants of product liability caused by defects of tobacco, the Plaintiffs have to 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 light of the structure, quality, and performance of tobacco. In other words, the Plaintiffs should prove the existence of defects in tobacco due to the Defendants’ 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 process of manufacturing the product can be seen only by a manufacturer who is an expert. Thus, it is extremely difficult for the consumer to prove the defect in the product and the causal relationship between the defect and the occurrence of the damage as an ordinary person, and it is extremely difficult for the consumer to prove that the accident occurred in the normal course of use of the product. If the consumer proves that the accident occurred in the area under the exclusive control of the manufacturer and that the accident does not occur normally without any negligence, unless the manufacturer proves that the accident occurred due to other cause than the defect in the product, the manufacturer's burden of proof can be mitigated so that the product can be presumed to exist and caused by the defect and that the accident occurred due to the defect is more than the guiding principle of fair and reasonable damage compensation system).

(2) Whether the instant case is applied

In light of the aforementioned legal principle of mitigation of the burden of proof in product liability, 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 has been used reasonably in accordance with ordinary usage, ③ waste cancer has occurred in relation to the use of tobacco, ④ waste cancer has occurred in the area under exclusive control of the Defendants who are manufacturers, ④ waste cancer has occurred in the area under the exclusive control of the Defendants, ⑤ waste cancer has not occurred without any negligence, it can be presumed that there is a defect in tobacco, and the accident has 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 parties' assertion

(1) The plaintiffs' assertion

Tobacco claims to the effect that tobacco in ordinary use would inhale nicotine and tar containing nicotine with strong dependence, and thus, it constitutes a product defective in the manufacturing process or design process, or a product defective in indication lacking reasonable explanation, instruction, and warning as to its harmfulness and dependence.

(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 deemed as defective in tobacco manufacturing. Since there is no reasonable alternative design method capable of removing nicotine and harmful portions while maintaining the characteristics of tobacco, tobacco cannot be deemed as defective in tobacco design. The Defendants indicated warning about hazards in tobacco packaging in accordance with the relevant laws and regulations depending on the development of awareness about the harmfulness of tobacco. Thus, tobacco cannot be deemed as defective in indication.

(b) Nicot and nicotine harmful elements contained in tobacco smoke;

The following facts may be acknowledged either as a dispute between the parties, or as a whole by taking into account the following facts: Gap 24, 31, 32, 36, 37, 38, 52, 53, 84, 85, 114 through 133, 135, 137 through 140, 143 through 151, 153 through 157, 181, 203, 204, or Eul 87 (including each number), and as a whole, as a result of the appraisal of this case.

In tobacco smoke, about 4,00 chemical substances include about 4,00 chemical substances. Among them, most of them are ingredients contained in colonies themselves, and the remainder is derived from soil and atmosphere conditions, packaging, damping methods, drying methods, and additional 8) added flavokings. Next, we look into nicotine and harmful elements contained in tobacco smoke.

(1) Nicotine:

Nicco is a natural alkhoid which is a salt organic compound contained in various plants, including tobacco, and existing in the form of combining with organic acid in the coloned colonies. Nicco indicates the effects of Domination, stress, and uneasiness by stimulating the Domination of Domination by smoking, affecting the Domination boundary, as seen below. Niccoin itself did not have been identified as a carcin.

(2) Tar:

The mixtures of the remaining substances derived from tobacco smoke, which are 10 tar per week after deducting water and nicotine, from among the straws.

Tobacco is burned at a relatively low oxygen environment with 850 to 900C. The sreaream of the place of tobacco inhaled to Smoking during tobacco smoke (excluding smoke inhaled into the body of Smoking except for smoke spread in the air; hereinafter “ alcoholic beverage smoke”) contains at least 4,00 chemical substances consisting of at least one million per 1 m (in diameter 0.1 to 1.0, average 00 m). The physical and chemical characteristics of tobacco and tobacco are different depending on the processing and treatment method of tobacco, kinds of pots and smoking methods, etc., but instead, at least 90% of them are nitrogens, carbon dioxide, rock, malphanium, alphanium, alphanium, 00, 50 malphaniums, and 50% or more of them, as follows:

Ptillsburry, etc. defined in 1969 that “it is connected to an artificial absorption device that burns tobacco, and the diameter of which is larger than 0.3 m. :00 m. m. m. m. is defined as m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. to be collected at least 9.9.7% by the U.S. Federal Trade Commission (FTC), which is larger than 0.1m. m. m. to be collected at at least 9.1m. m. m. .m. .m., FTC revised the tobacco sample connected to the artificial absorption device, “at least m. m. m.” to “at least m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m.

Most of the cancers known to be contained in tobacco smoke are included in tar. Hazardous metals, such as cadmium, mercury, non-chron, beryllium, and nitrozine, among nine cancers classified by the International Cancer Research Organization (hereinafter referred to as the “IARC”), and two direction-sufficient Aminates (2-napththththylamine and 4-minibrode) (hereinafter referred to as “PA”), which are included in tar. Otherwise, multi-directional hydrocarbons falling under the 2 group cancer classification of IARC (pocycic aropsyne, etc.), hereinafter referred to as “PAs” and NAN-1 Nitropsy-N3 (hereinafter referred to as “Nitropsy-4”) are modified into tar.

(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 a large quantity of quantity can not be uniformly determined because it differs in any case.

(4) Nitropis (Nitrosamine)

Nitrogians are made by the Amar and Nitrate of tobacco. Nitrogians are found to be protruding to oil, beer, salted, salted or scraped, beer, local milk, rubber products, metal products, and some cosmetics, in addition to tobacco smoke.

(5) Multi-Roylon (Diox allss)

Multi-Rool is the abbreviation of “polychro-P-Cine (polym)” (hereinafter “PCD”). Chromatomatograpy/mas SPs Spros sectysymey method. The total concentration of various PED in tobacco smoke is approximately 5.0 m/ metres, in particular, a week 13) the concentration of hazardous substances is the highest. The classification of various PED materials is similar to that of the exhaust gas emitted from urban garbage. Tobacco is discovered from the postponement of PD every day. If tobacco is 200 U.S., one of them is permitted to take one 13 g of the 15 gsp and 13 gsp., which is determined in the country.

(6) Heavy metals

The heavy metal ingredients that Smokings can smoke are known as aluminium, lead, nitrok, knife, glycerium, base, mercury, mercury, mercury, lead, iron, cadmium, cadmium, mercury, and hexin among them as chroins. These heavy metals are derived from agrochemicals used for soil or tobacco cultivation.

(g)radioactive substances;

Po-210 Of them, Pb-210 discharges alpha line and Pb-210 discharges alpha line. Pb-210 results from soil and air. Pb-210 occurring in the air. Pb-210, Pbo-210, etc. Pb-210, etc. are attached to the surface of consular leaves or accumulated in Pb-210, Po-210 existing on the surface of the surface of the air, or accumulated in the consular leaves through pb-210, Po-210, etc. 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) the existence and degree of nicotine dependence;

(1) Nicotine dependence

The following facts may be acknowledged by comprehensively taking into account the following facts: Gap, 34, 35, 39, 71, 72, 113, 167 through 184, 194, 195, 203, 204, Eul, 19, 23, 24, 32, 61 through 64, 71, 72, 83, 102, 107, and 108 (including each number), the witness Kim Il-il, Southern-si, and west-hee's testimony, and the overall purport of the arguments as a result of the appraisal of this case.

(A) Addiction and dependence;

The term “ addiction” is a general concept that explains the tendency to use, psychological, or physical harm to a subject, and the tendency to repeatedly and repeatedly repeat the efforts to discontinue the subject despite its concentration, psychological or physical harm. The addiction is done without mediating the substance, such as “gamb poisoning,” “Internet addiction,” “ shopping addiction,” “daily addiction,” “sports addiction,” and “sports addiction,” etc. In the absence of the use of the substance. The addiction resulting from the same chemical and psychotropic compensation circuits as the chemical addiction caused by the use of the substance.

Recently, it is common to use the word "recogncy" on the ground that the expression "recogncy" can easily cause confusion. In 1964, the World Health Organization (hereinafter referred to as the "WHO") recommended that "in 1964 use the word "recogncy" as it is inappropriate for scientific terms in terms of "recogncy." In ordinary sense, when the word "recogncy" is used, it may be interpreted as "incogncy" and may be interpreted as "defncy." This is because the acute addiction is an obstacle such as food level, recognition, sense, behavior, response, etc., which appears temporarily after the consumption of the substance, and dependence means any other symptoms continuously appearing in terms of strong desire, difficulty in taking in taking, control situation, gold, internal substance volume, the reduction of the time of taking the substance, etc.

The dependence is divided into physical or physiological dependence (physolio dependa) and psychological dependence (hereinafter referred to as "physical dependence). The former is a concept similar to the dampism in which drugs continue to take in order to prevent or mitigate sycholios, and the latter is to maintain satisfaction and comfortable.

(b) Nicotine physiological effects;

Nicotin, like other dependent substances, indicates the effect of compensation by raising the concentration of Dophs in the mid-tour boundary. The dependence on substances, including Nicotin, starts from the molecularbiological interaction that changes the active level of the corresponding Niccoin, and gradually indicates various behavior patterns such as resistant, sensitiveization, and craving.

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 nicotine’s acute training is revealed to activate the Domination of the Domination by affecting the Domination connection system. Nicotine inhaled into the human body through the fluoral dynassis of waste and the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination.

Niccos are similar to cocars and ampans in that it increases Dophhers in the ethic state of brain, but the mechanism is different from cocars or ampans. Cocars and ampans are directly engaged in the maintenance of high concentration for a considerable period of time on the part of the Domins that the Domins act by suppressing the decomposition of the Domins. On the other hand, Niccos indirectly act on the amcarcine receptors and indirectly, thereby maintaining the Domins effects only for a period of time that stimulates the Domins and very short time.

In the case of using nicotine of ordinary capacity, it does not appear as acute addiction symptoms or mental toxicity such as cocar and hedging. Under the following view, the American Association of Mental and Medical Sciences (hereinafter referred to as the "APA") recognizes only the diagnosis and statistical manual (hereinafter referred to as the "DESM") of the American Psychiatric Assemci (hereinafter referred to as the "APA") in the case of nicotine, and does not recognize the abuse of Note 16) in the case of nicotine.

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

Even once within the number of months after non-smoking, it is easy to lead to a recurrence, which is because, if a nicotine depender fails to use nicotine for a long time, the public awareness about the brain compensation effect of nicotine significantly increases, and thus, strong brain compensation effect is likely to occur as one smoking.

For example, nAch's number increases when exposure to nicotine is chronicly exposed to nAch's dependenceous material such as nAch's sensitive reaction to abnormal dynasium. This is a continuous response due to the decline in the sensitiveness of nAch's nAch.

(c)official recognition of nicotine dependence;

In 1964, the disease prevention center of the United States prescribed smoking as a "surgeon" in the Health Control Report issued in 1964, and in 1979, it did not confirm the possibility of nicotine dependence, and in 1988, it reported that the nicotine dependence of smoking formally 17).

The APA classify nicotine dependence as a material-related disorder along with alcohol, Kafin, ambamin, and cocar as shown in attached Table 2 in the DSSM No. 4 (hereinafter referred to as “DSSM-IV”), published in 1994, and included it in the category of disease. It is classified in the International Disease Classification No. 10 (hereinafter referred to as “ICD-10”), published in 192, as one of the psychological obstacles in the International Disease Classification No. 10 (hereinafter referred to as “ICD-10”), which was published in 1992.

(d) Physical and psychological dependence;

Physical dependence means a changed physical condition, i.e., neura, which is changed by the use of a happy substance.

Psychological dependence refers to “a state of psychological desire in which drugs are continuously and regularly administered in order to avoid inconvenience when a satisfactory sense and comfortable sense of drug is suspended.”

Nicic dependence is expressed 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 약리학적ㆍ환경적 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 the various factors that prevent them from smoking. Smoking is a learning behavior, and smoking of tobacco is a daily behavior related to one specific case. For example, in the event of a specific case such as “after the completion of food” or “when a toilet comes to a toilet,” a desire for smoking arises. In addition, Smokings are considered to be smoking in order to cope with negative emotional or stress, such as labor or apprehension.

(e) Gold prize;

The term “withrawal symptoms” means the phenomenon that a person who has continuously used any substance in excess of a certain substance continues to administer it by medication or reduces its capacity, and appears differently from blood or physical organization. The signs and symptoms of the gold team are diverse depending on the substance to be used. In most cases, symptoms of the gold team show symptoms and opposite to the addiction symptoms of the substance. In the case of the water exemption whose acute addiction effect is increased in the capacity of the water, there appears to be an unexplosion if it takes place. In the case of acute addiction, there is a stroke and displeasure when it takes place. There are physical and psychological symptoms.

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 부족이라기보다 욕구불만으로 인한 것으로 보는 견해도 있다.

(f) Internality; and

The term “influence” means a phenomenon in which the effect of acquiring in the same volume is reduced when using a reflector, or the volume is increased in order to obtain the same effect. The degree of resistantness is different depending on the substance of use. In the case of opiums or each sex agents, it causes resistantness to ordinary people. However, even in the case of nicotine, the quantity of smoking does not increase without restricting the amount of smoking (the so-called “influent effect”).

(G) SSM-IV and ICD-10 test criteria for nicotine dependence

(1) DSS-IV Diagnosis Criteria for Nicotine reliance

DSSM-IV is able to diagnose not less than three symptoms of the following seven in nicotine dependence when there are more than three.

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 than the first intended quantity or for a long period of time;

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

(v) consume a large number of time to obtain a material;

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

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

(2) Criteria for diagnosis of ICD-10 after the existence of tobacco.

The ICD-10 classified the following categories of tobacco : "mental and behavioral disorder caused by the use of tobacco", and if not less than three symptoms of tobacco have experienced during the last one year, it can be diagnosed as the obscence group of tobacco.

i) strong desire or impulse to smoke;

ii) cannot control smoking (i.e., commencement, termination, and use).

iii) Characteristics physiological gold bars (physiosisitic) 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 internal outbreak.

v) Giving a wide range of time to the people who had been enjoying or interesting in the past due to smoking, seeking tobacco, and sending more time for smoking and restoring.

vi) A continuous use of a substance with clear knowledge that continuing smoking would cause damage.

(ii) Level of dependence;

(A) Opinion on the degree of dependence

According to the statements in Gap 167, 168, 170, and 171 as well as the testimony of the Namnam-gu witness, it is acknowledged that nicotine has a strong dependence on nicotine, etc., and smoking is attributable to the above dependence rather than by free will. On the other hand, it is recognized that there are conflicting views as follows, in full view of the following, considering the statements in Eul 32,102-7, the testimony in the Namnam-gu, and the overall purport of the arguments in this case.

① Since SSM-IV (or ICD-10) merely indicates the content of a material-related disability, dependence on each material, diagnostic method, etc., it is difficult to deem the dependence level solely on the ground that it is classified as a dependent substance in the above criteria, it is difficult to view that the dependence level is equal to that of other dependent substances listed in attached Table 2.

② The health of the U.S. classify marijuana as Class 2, along with nicotine H and philophones. The French National Institute of Health and Medical Sciences classify the hemp as Class 1, class 2, psyero, cocar, alcohol as Class 2, psyecin, cryecin, transshipment, tobacco, and mental stability. As can be seen, there is no uniform opinion on the degree of dependence on dependent material, and the above classification is not accepted in clinical trials. Moreover, it is difficult to compare the clinical aspect of dependence on each dependent material with the degree of dependence on an individual’s own, and there is no special meaning in clinical terms.

③ The degree of psychological dependence of nicotine is weak to the degree that it does not correspond to the tyromatic agents, such as narcotics and cocars, and the degree of physical dependence is also weak to the degree that it cannot be compared with the tyros, etc. In the case of smoking cessation, the symptoms, such as displeasure, are perceived, but it does not seem to have strong gold dusts such as tyros poisoning.

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 nicotine dependence does not cause acute behavioral impairment).

(b) the sales board;

In full view of the facts acknowledged under paragraphs (1) and (2) above and the facts acknowledged by the testimony of Eul 102-5, 11, and Eul 107 as well as the testimony of the witness and the Korean National Cemetery, it is reasonable to see that the dependence of nicotine is a substantial part of them, and that the degree of physical dependence is weak compared to opium and the amnisty. Thus, smoking is due to nicotine dependence and it is difficult to see that it is not a choice based on free will.

① The U.S. adult smoking rate was reduced from 40% in 1965 to 29% in 1987.

② The rate of male smoking for Korean adults has been reduced from 79.3% in 1980 to 49.2% in March 2006.

(3) In the United States, the highest non-smoking success rate in the white academic background group is the highest.

(4) There shall be almost no cases where a person receives pharmacologic treatment or behavioral treatment in a psychiatrist for nicotine dependence.

(d) the existence of any defect in manufacture or design;

(1) Manufacturing and design defects concerning tobacco;

(A) Manufacturing defects

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 shall be recognized that the tobacco did not have safety within the expected range in light of the level of technology and economic feasibility at the time of distribution (the structure, safety or durability of the tobacco is not an ordinary problem).

(B) Design defect;

Design defect refers to a case where the product is not safe because it fails to adopt a alternative design although it would have reduced or avoided damage or risk that could have been caused 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 an alternative design that could reduce or avoid the risk of outbreak, such as waste cancer, etc. caused by tobacco, and in light of social norms, it should be acknowledged that such alternative design was not adopted by the Defendants, considering various factors such as characteristics and use of tobacco, the expectation and use of Smoking, anticipated risks for tobacco, foreseeable risks of Smoking, awareness of Smoking, possibility of avoiding risks by Smoking, possibility of risk by the inseminator, economic cost and relative advantages of the adopted alternative design, etc.

(2) Facts of recognition

The Defendants’ facts that tobacco was manufactured and sold in accordance with relevant laws and regulations, that nicotine and other harmful components of tobacco were naturally generated by the burning of tobacco are as seen earlier. In full view of the respective entries in Gap 134, 136, 138, 141, 142, 152, 158, 159, and 159 through 164 as well as the overall purport of pleadings, such as improvement of tar and nicotine content by means of reducing tar and nicotine content, 18) increase in the volume of ventilation, it is recognized that there were methods of reducing the quantity of cocoin to enter cigarette in tobacco, and that the Defendants adopted such methods and adopted new methods to reduce the content of nicotine content to the extent of 198 U.K. witness’s tar content to be less than 198 years since 1970s.

(3) Determination

(A) Whether manufacturing defects are manufactured

According to the above facts, it is difficult to view that the tobacco was not safe in quality solely on the ground that the tobacco manufactured and sold by the Defendants contains nicotine, nicotine, tar, and other harmful components.

In addition, even if the tar and nicotine content of tobacco manufactured by Defendant Republic of Korea in the 1960s was higher than that of the United States tobacco, etc., and continuously reduced the tar and nicotine content of the manufactured tobacco from the 1970s to the end of the 1980s, it is difficult to deem that the tobacco manufactured and sold by Defendant Republic of Korea did not have safety in quality within the expected range in light of the level of technology and economic feasibility at the time of distribution, and there is no other evidence to recognize 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 a 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 the existence of a reasonable alternative design to remove nicotine and tar in tobacco smoke, as it is the case where it is possible to remove nicotine only in a selective way from smoke of tobacco smoke. Even if it is possible to remove nicotine in a selective way from smoke of tobacco smoke, since nicotine removal is the main ingredient of tobacco that creates utility as a symbol in tobacco, such as alcohol or coffee.

Therefore, as seen earlier, insofar as the Defendants continuously reduced tar and nicotine content in tobacco smoke, so far as they have withdrawn from the tobacco at 0.05 g of nicotine and 0.5 g of tar 0.5 m of tobacco, it is difficult to view that the tobacco manufactured and sold by the Defendants is a design defect, and there is no other evidence to acknowledge it otherwise.

(e) the existence of any defect in the indication;

(1) Defect in indication of tobacco

The display defect refers to a case where a manufacturer has reduced or avoided damage or risk likely to be caused by the relevant product if it had made a reasonable explanation, instruction, warning, or any other indication. 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 as to the harmfulness of tobacco, it should be acknowledged that the Smokingr of this case would have reduced or prevented the risk of waste cancer by preventing smoking, and the explanation or warning required should be determined in light of social norms, comprehensively taking into account all the circumstances such as characteristics of tobacco, the form of tobacco use, the expectation of tobacco, the anticipated risks of Smoking, the awareness of potential risks, the possibility of avoiding risks by Smoking, and other relevant factors.

(2) Recognition of the harmfulness of tobacco

The following facts may be acknowledged by taking into account the following facts: Gap185, Eul28, Eul29, 34, 35, 36, 47, 82, 83, 89 through 95, 99, 103, and 104 (including each number), the images of Eul105, the images of this court, the Minister of Finance and Economy of this court, and the president of the Korea Ginseng Research Institute, the Incorporated Foundation, and the overall purport of the arguments.

(a) Level of foreign recognition of the harmfulness of tobacco;

① With respect to the increase of waste cancer in the early 20th century, there was a doctor 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 all of the medical experts introduced 5 percent of tobacco on the plate in 1947 (the contributor of but not the person who contributed to her disease, and the person who caused her fire extinguishing).

② Ricard Dl and Bradfor Lil published the research result that “The 25% of the male group patients 25% of the male group patients 13.4% of the smoking and the pulmonary cancer patients 1948 to 1952 were divided into 1,465 patients who were hospitalized in the group of patients other than the group of the pulmonary cancer patients and the group of patients hospitalized in the group of the pulmonary cancer patients.” In 1952, the results of the study were followed by a number of dynamics on the relationship between smoking and the pulmonary cancer.”

③ In 1962, the UK Medical Association (Bhysians) published the first official report at the government level on the risk of smoking. In the 1964 report, the results of the study on the risk of smoking were published in the 1964 report on the health care center in the United States. Thereafter, a number of research results on the dynamic relation between tobacco and smoking were published.

④ From 1959 to 1960, Matrix Hoffman separates nzopyne and polyn gascaron from tar, one of the chemical substances in tobacco smoke began to have been revealed, and six of the chemical substances in around 1961 were revealed, and there was about 40 chemical substances during the tobacco smoke today.

(b) Domestic articles and documents concerning the hazards and anti-smoking of tobacco;

① On April 19, 1901, the independent newspaper reported the results of the Russian doctor’s research that “The 16 persons among 100 persons who are tobacco smoke but are only 10 persons among 100 persons who are smoking, and the disease of the fire extinguishing system was about 11 of 100 persons among 10, and about 9 of 10 persons among 11 and 100 persons who are smoking smoke.”

② When the Japanese governor of the Korean War decided to enforce the 1938 Special Decree No. 145 on March 3, 1938, which was enacted in 1900, to implement the Japanese Government of the Republic of Korea on April 1, 1938, the Japanese Government of the Republic of Korea returned it from the private theory of March 27, 1938, and the Japanese Government of the Republic of Korea returned it to Korea on March 27, 1938, and the Japanese Government of the Republic of Korea decided that smoking was “hump or harmful to the health or social edification.”

③ In 1959, the family abuse force published in 1959 introduced a paper stating that “The causes of engine cancer are in smoking,” and that “the smoking may cause waste cancer.”

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

(5) A non-smoking sign was installed in a bus in 1967, and in 1972, a non-smoking school was established in the Seoul Sanitation Hospital.

(C) the establishment and operation of a tobacco-related research institute;

(1) The Defendants established and operated a research institute under its control, as follows, conducted research and study on the development of ginseng and tobacco plant cultivation technology and biotechnology, on the development of ginseng and tobacco plant processing technology and new products, on the development of new materials using biological resources, technical cooperation and joint research with domestic and foreign research institutes, on consignment and entrustment of technical services with domestic and foreign research institutes, on the quality and hygiene inspection of ginseng, food, etc., and on the projects designated or commissioned by the Government.

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

On March 3, 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.

1. Incorporation 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, the name of the Incorporated Foundation is changed to the Korea Ginseng Research Institute.

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

The establishment of the Institute of Tobacco Research in the KT&G Central Institute on March 2002

② Until the 1990s, the said tobacco research institutes had adopted the results of foreign studies on the harmfulness of tobacco, since they had been extremely poor in terms of infrastructure, such as size, human resources, equipment, budget support, etc. compared to the tobacco research institutes of developed countries.

(3) Change of warning phrase

The following facts can be acknowledged in full view of the statements in Eul 1 through 6 (including paper numbers) and the results of the inquiry of the fact to the Minister of Health and Welfare in this court.

(A) countries which have indicated words of warning on tobacco since 1975;

From 1966, the U.S. indicated the warning phrase “S. smoke to be harmful to the health of the party”, and since 1968, the warning phrase “tobacco to be hung cancer” was indicated. From August 1972, 1990, Japan indicated the warning phrase “from 1990, it is likely that it might harm the health of the party, so excessive smoking will be hick.” In addition, Australia indicated the warning phrase from 1973.

(b) Recommendation and indication of warning

On June 1, 1975, WHO recommended tobacco to indicate a warning phrase “hembling to yourhalth” on tobacco, and the Defendant Republic of Korea accepted it, and indicated on January 1, 1976, the phrase “an excessive smoking for health” from 3,00 to 3,00.

Since 1981, Taiwan and Turkey indicated the warning to each tobacco from 1982, from 1982, from Spain and Hong Kong, from 1983, and from 1989, Canada indicated the warning to each tobacco.

(C) Change of warning after the enactment of the Tobacco Business Act

① Since December 17, 1989, the Tobacco Business Act, enacted on December 31, 198, stipulated that smoking is harmful to health, and in advertisements prescribed by the Presidential Decree, the phrase “Smoking may cause waste cancer, etc. and, in particular, harmful to health of pregnant and nursing women and juveniles” was indicated on the front of the tobacco package.

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

Front: “Smoking shall be the cause of various diseases, such as lung cancer, and in particular, it shall be harmful to the health of pregnant women and juveniles.”

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 notice No. 1999-25 (Enforcement September 10, 199), which obligated to indicate the prohibition of sale to juveniles under the age of 19 for the suppression of smoking of middle and high school students, the back of the tobacco packaging paper shall not be sold to juveniles under the age of 19.”

④ From April 1, 2005, pursuant to Article 2005-12 of the Notice of the Ministry of Finance and Economy, the size of the warning was expanded from 25% to 30% of the packing paper, and the front side of a tobacco package was changed to the phrase “I cannot sell the warning: No one to juveniles under the age of 19: No one shall sell the tobacco to juveniles under the age of 19; the sale of tobacco to juveniles is illegal.”

(D) A foreign warning around 1989

① Since around 1989, countries indicated the degree of warning corresponding to the above “Smoking may cause lung cancer, etc., in particular, pregnant women and juveniles’ health.” The extent of the U.S., the United Kingdom, and Saudidivia. The phrases indicated in the above three countries are as follows:

U.S.: “A warning of the Director of the Public Sanitation Bureau”: “Smoking shall cause lung cancer, heart disease, or parassis, and may have a bad influence on pregnancy”; “Smoking of a pregnant woman may cause fetus damage, early childbirth, or childbirth because it falls short of the body of the United States”; “The smoke of a pregnant woman may cause the birth of the pregnant woman, which shall include an oxygen,” and “The suspension of smoking of the land significantly reduces the serious risk of you’s health.”

UK: “The warning of the Director of the Health and Medical Service Bureau”: “Smoking may cause a fatal disease; “Smoking may cause a fatal heart disease;” “Smoking during pregnancy may cause harm to the fetus; and may cause midwifery; “Smoking may cause an pulmonary cancer, organ infection, and other pulmonary disease;” “In the UK, at least 30,000 persons are dead of the lung cancer every year; and “Anti-smoking shall cause the risk of a serious disease.”

The term “health warning”: “Smoking” is the main cause of the lung cancer, the lung disease, the heart disease, and the dynamic disease.

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

French: “Smoking may cause health risks.”

German: “Smoking shall chips the health of tobacco. Smoking one cigarette shall include nicotine and tar equivalent to the content rate indicated in the certificate of tax payment, according to the German industrial standards.”

Hong Kong: “Smoking is harmful to health”.

Japan: "The excessive smoking for health shall be avoided."

Switzerland: “Smoking shall chip the health of the person.”

Austria: “tobacco may cause harm to the health of the person.”

Sweden: “The excessive smoking shall be harmful to health.”

Canada: “Canadian health and welfare”: “I swear that the increase of smoking volume is harmful to health” - I am to avoid excessive inhalement.

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 phrases, the degree of warning, and the degree of perception of the general public against the defendants and the hazards of smoking. Thus, the following facts are examined through the announcement of the U.S. Health Control Report in 1964, after the relocation of the actual term, the relocation of the warning phrase, the display of the warning phrase in accordance with the WHO, and the display of the warning phrase in accordance with the Tobacco Business Act.

(A) Before 1963

First, as seen earlier, a minor’s smoking is already prohibited from being governed by law from the birth of the Smokingr of this case, and therefore, it does not constitute a cause attributable to the Defendant Republic of Korea to the effect that Plaintiff 25, who was the highest order among the Smokingr of this case, reached the age of majority until before 1958.

Furthermore, as an official report on the risk of smoking in the early 1960s, the report of the British king Medical Association was taken place in 1962, and the fact that the introduction of a reduction of the results of dynamic research was entirely made before the family abuse published in 1959, and that there was no country indicating the warning on tobacco until the time. In full view of these circumstances, it is difficult to deem that the defendant Republic of Korea was liable to indicate the warning on the danger of smoking for the first time in the world, and there is no other evidence to acknowledge it otherwise.

(B) from 1964 to 1975

After the U.S. report on the health care center in 1964 officially reported the hazards of smoking, the facts that the relations between smoking and the lung cancer have been reported in each domestic media are as seen earlier. Therefore, it is reasonable to deem that the Smokingr in this case had already been aware of the hazards of smoking during this period. Furthermore, there is no evidence to deem that only the Defendant Republic of Korea knew of special information that the Smokingr would have reduced the amount of smoking or prevented smoking, and there is no other evidence to prove that the Defendant Republic of Korea has a duty to explain or warn the risks of smoking. Thus, it is difficult to deem that the Defendant Republic of Korea was also obligated to indicate the warning about the risks of smoking.

(C) after 1976

According to the above facts, the relation between smoking and waste cancer has already been 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 the relevant laws and regulations, but also belongs to a higher part compared to the cases of foreign countries, so it is difficult to view that tobacco has a defect in indication, and there is no other evidence to acknowledge it otherwise.

F. Sub-committee

Therefore, the plaintiffs' above assertions on the premise that the tobacco manufactured and sold by the Defendants is defective in manufacturing, designing, or marking, are without merit, and even if not, there is no evidence to acknowledge that the occurrence of the waste cancer of the Smokings of this case 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 Act, it seems that the principle of relaxing the burden of proof cannot be applied to this case, and the following is examined as to the remaining arguments on the causal relationship.

A. Whether the principle of relaxing the burden of proof in the pollution lawsuit is applied

(1) Relaxation and ground of burden of proof based on the probability theory

In the case of pollution lawsuits, (A) the fact that the Plaintiff discharges a cause substance that may exert an adverse effect on the Plaintiff; (b) the fact that the substance reaches the Plaintiff; (c) the causal relationship between the Defendant’s emission of the cause substance and the Plaintiff’s damage is proved to be acceptable without contradictions; (i) the Defendant’s emission of the Defendant’s emission substances does not contain any cause substance that may cause damage to the Plaintiff; and (ii) the Plaintiff’s damage is exempted from liability with indirect counter-proof unless it proves that the cause is not the degree of damage to the Plaintiff; and (iii) the Plaintiff’s damage was caused entirely by other cause than the Defendant’s emission.

The reason why the burden of proof of causation is mitigated is most cases where it is difficult or impossible to prove the causal relationship between the harmful act and the occurrence of damage in a claim for compensation for damages caused by high seas, and the perpetrator company is not only easy to investigate the cause of the harm but also bears the social duty to prove that the substance discharged by the perpetrator is not harmful to the victim, so if the damage was caused by the arrival of certain substance discharged by the perpetrator, it is consistent with the concept of social equity.

(2) As to the application of the instant case

With respect to this case, it is difficult or impossible to view that the plaintiffs prove in nature that all the principles of causation between smoking and the outbreak of waste cancer of the Smokingr of this case are natural and scientific. However, it is not easy to investigate the causes of the Smokingr of this case compared to the plaintiffs, and there is no evidence to prove that the defendants have no causation between smoking and the occurrence of waste cancer of this case. Thus, the legal principle of mitigation of the burden of proof of causation in the pollution lawsuit of this case 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 following descriptions: Gap 11 through 18, 27, 30, 32, 58 through 70, 73 through 76, 80, 81, 89, 111, 112, 167, 168, 170, 171, 177, 181, 186 through 193, 195, 198, 203, Eul 14, 16, 25, and 39 (including each number), Kim Il-il testimony, and the overall purport of the arguments as a result of the appraisal of this case.

(1) The significance of dynamics and research methods

epidemiology is “the study to study the frequency of diseases in human groups and to clarify the cause of the spread thereof.” The purpose of this study is to “the prevention of the occurrence of diseases by identifying persons who are in danger of being involved in the occurrence of diseases and removing them.” Accordingly, epidemiology is “the general relation between the factors that, if any factor exists, raise the probability of the occurrence of a specific disease and the occurrence of a disease.” In other words, epidemiology is a specific population group, second, the frequency and distribution of diseases are identified, and third, by establishing and observing temporary installation of causes of a disease, thereby identifying general relation between a specific factor and the occurrence of a disease.”

The epidemian research method is a personal research and observation research, observation research is conducted, a cryp research is conducted, a cryp research is conducted, a cryp research is conducted, and a cryp research is conducted in cryp research, a cryp research is conducted in cryp research, and a cryp research is conducted in cryp research.In each research, the degree of objectivity of the results of the study may vary depending on the objectivity, rationality, and strict compliance with the epry method itself.

The purpose of this study is to compare and analyze the exposure rate of a patient suffering from a disease (waste cancer patient) and a large group of persons who do not suffer from a disease (waste cancer), and the co-research is to continuously observe any of the factors that are considered related to the cause of the disease and to a group of persons who do not have any such factors (non-patients) and to compare the occurrence rate of the disease (waste cancer) 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 research institute theory are the ideal to select a large group of groups with the same completely the same conditions. However, there are almost no such cases in reality, so the group of groups in close conditions is found. However, in this case, it is necessary to fully revise the mutual ties of two groups in comparison with the group of groups of groups of groups of group of groups of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of

(2) Epidemiological causation and conceptal causation

(A) Epidemiological causation and its limit

Epidemiological causation, which is recognized as a basis of statistical relationship between the temporary factors and the disease, indicates the degree of general relationship between the disease at the target population level and the relevant factors.In epidemic relationship, the relationship or contribution ratio between the relevant temporary factors and other factors is not disclosed, since it is assumed that all factors other than the factors subject to investigation are the same conditions as those of the investigating group or large group.

In the study that developed the so-called unique disease caused by a specific disease, such as pulmonary tuberculosis and callra, which clearly meets the causes and results, it is difficult to view that the causes and vision are complicated, and that it has the same role as in the non-specific disease caused by a combination of astronomical factors such as genetic factors such as genetic and nitrogen, drinking, age, eating habits, occupational factors, air pollution, and environmental factors. Therefore, it cannot be said that the existence of specific factors that can occur in the case of non-specific disease such as pulmonary cancer and the fact that the disease was contracted by the disease is highly probable.

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

(B) The concept of epidemic causation;

(1) Contribution risk levels

For example, the rate of disease and the rate of death caused by the relevant factor. For instance, where a person continuously smokes, the rate is the rate confirmed by continuous observation as to which a few persons suffered the lung cancer. The concept is the rate obtained by subtracting the rate showing the same result from the rate showing any result in a group exposed to a specific cause, which is not exposed to the cause, and the cause other than the cause for the investigation is assumed to have the same effect for all of the groups subject to investigation.The degree of contribution risk is difficult to accept as the cause and result affecting the human body, in cases where a variety of causes are mutually related or the effect of the cause requires a long time.It is difficult to presume the cause of a specific individual's disease with a contribution risk, but it cannot be readily determined the cause of a specific individual's disease.

(2) relative risks levels.

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 is 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) Collective contribution risk risks.

In a specific population group, the statistical and positive estimates are based on the factors related to the disease in question, such as the “level of large risk” and “the possibility of exposure.” The degree of collective contribution cannot be applied in individual cases, and it is necessary to examine all risk factors by reviewing the past behaviors of each individual in medical terms.

(3) Epidemiological causal relationship between smoking and lung cancer

As examined below, epidemiologic causation between smoking and lung cancer is recognized.

(A) Review of the existence of an epidemiological causal relationship 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 occurred. 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) Bologyace: The results of animal testing must be recognized. It was confirmed that the training of tobacco dilution to the hamer for a long time has occurred and the marity has occurred as a result of a long-term inhalement of tobacco smoke.

(3) A joint venturecy: A patient-one-one-one-one-one-one-one-one-one-one-half-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one)-one-year-one-one-one-one-

④ According to the results of srength: (a) Smokinger’s death risk is deemed to have been higher than 10 times the smoker’s non-smoking. If this result was wrong and there is no arbitrity between them, there should be more than 10 times the factors other than smoking between Smoking and Smokingr; (b) it is difficult to find this arbitr, as well as logically inconsistent, there is a high possibility of epidemist relationship between smoking and pulmonary cancer.

(5) Dominse-respool patent: The capacity-rehesion relationship should exist. In most dynamic studies, the death of waste cancer has increased, and more than 20 smokes per day have 15 to 20 times higher than non-smokings, and similar results have been observed in relation to women. In four cocop research, the trend that the beginning age of smoking is rapid, the increase in the death of waste cancer has increased.

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. Rabn : If there is a temporary place that smoking causes waste cancer, the death of waste cancer should be lower than that of continuous smoking in the case of smoking cessation. In most studies conducted on non-smoking persons, it seems that the death of non-smoking is the same as the death risk of non-smoking patients after the lapse of 15 to 20 years after smoking cessation, and it appears that it is mainly based on the smoke reduction effect before smoking cessation.

(i) Smoking rate is high to male, in population groups with high smoking rate, and (ii) the amount of smoking rate is high, and (iii) the amount of the death rate of the lung cancer increases in accordance with year and the amount of the increase in the rate of the death rate of the lung cancer is observed equally. In light of the fact that the dynamic causal relationship is established, dynamic causal relationship between the smoking and the lung cancer is consistent with the existing knowledge.

(B) Research findings on epidemiological relations between smoking and lung cancer

① In the 1952 paper, “The average of 25% of the male cancer patients was smoked (the average of 25%).” The patients of the male large-scale group were 13.4% of the smoked.” The medical report of the 1962 British Medical Conference in 1962 and the health reduction report of the US in 1964 recognized the epidemiological relationship between smoking and the pulmonary cancer.

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

③ In 2004, the Clol’s co-research report was analyzed on 1,052 persons who died from lung cancer for 50 years from 1951 to 2001 among 34,439 English male doctors. As a result, the death rate of a person who did not smoke in his life was 0.17 per 10,000 per 10,000 per 10,000 per 10,000, and the relative risk of death caused by lung cancer was 14.6 (=2.49/00) per 10,000 per 10,000, and the relative risk of death caused by lung cancer was 14.6 times per 14.6 times. On the other hand, it was found that the occurrence rate of lung cancer was 14.6 times per 10,000.

④ In 2005, the relative risk level of Smokings for non-smokings was 4.46 in case of men and 3.58 in case of women. The relative risk level and contribution risk of smoking in Japan was smaller than that of Western.

⑤ In the co-research for Korean male, the occurrence of lung cancer was considered to have occurred (average generation rate: 100,000 persons per population: 95.5 persons per 10,000), among 190,758 persons in the past, 879 persons were deemed to have occurred (average generation rate: 49.6 persons per population: 100,000), and the occurrence of lung cancer was considered to have occurred (average generation rate: 16,411 persons per 16,411 among 16,400, 100, 24.2 persons per 10,000).In sum, it was found to have been investigated from the National Health Insurance Corporation in the case of Korean male, which was 4.0 times higher than that of non-smokings, and the probability of the outbreak of lung cancer cancer occurred in the past and 3.0 times higher than that of the non-smokings.

C. Individual causations

(1) Whether individual causations are presumed based on epidemic causations

As seen earlier, epidemiologic causation is a statistical relationship between specific factors and diseases extracted under the assumption that all other factors are the same as those of a group. Therefore, it is difficult to apply it directly to individual causal relations which discover the cause of a specific individual’s specific disease. In particular, non-specific diseases such as lung cancer are multiple factors, and it can occur due to other causes other than smoking and may occur even to non-smoking, so it is difficult to apply epidemiologic causal relationship directly to individual causal relations.

Therefore, the Plaintiffs should directly prove the individual causal relationship between smoking and the outbreak of lung cancer in accordance with the general principle of burden of proof.

(2) A person who has developed and suffered waste cancer;

The following facts are either not disputed between the parties, or may be acknowledged by taking into account the whole purport of the arguments as a result of the appraisal of this case and the whole purport of the arguments in this case.

(a)abthesis;

Cancer refers to a group of diseases with the characteristics of "a scarcity cells are divided without control and spread to other organs or organizations without end," and cancer cells have the ability to move to other organs or organs, so they spread to a telegraph by spreading a distance from this dye and its surrounding organization and circulation system. Therefore, cancer refers to a certain form of "a scarcity 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 some congenital cancer and sub-mar cancer. The reason why the long-term period to change into a cancer cell is required to change into a cancer cell due to the differentiation of normal cells.

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, are not in accordance with general rules that can be seen from a normal cell. As such, cancer cells are continuously divided and grow up without controlling cancer cells. The fundamental defect of cancer cells is the result of a complex process due to the continuous change of DNA, which is a genetic material within a cell.In other words, cancer is the result of a complex process due to the continuous change of DNA, which is a genetic material within a cell.As such genetic change has been continuously accumulated in the various stages of cancer, there is a change in the reaction in the form of a cell, and a genetic change in the organization causes cancer by continuously dividing and growing.

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 various individual and environmental factors, and the view is that smoking causes various diseases in various human organizations, such as waste species and luminous cancer, rather than a waste cancer.In the case of waste cancer, it is recognized as a strong cause of smoking, but other possible factors are complicatedly connected with each other, thereby changing the probability of the occurrence of specific population groups or specific individual cancer.

The pulmonary cancer is largely classified into small-cell cancer and non-cell cancer, and the non-cell cancer is again subdivided into flat cell cancer, ray cancer, stoptop cancer, and large-cell cancer. According to the results of the patient-building research for patients who died from pulmonary cancer, the Smoking rate of Smoking cancer for non-Smoking patients was 13.4. If it is classified into a systematic Arabic category, the intersection rate of the optop cancer was 18.8; the intersection rate of the optop cancer was 14.3; and the intersection rate of the optoptop cancer was 7.9; in the case of the optoptoptoptop cancer, the intersection rate was 14.3; and the intersection rate of the optoptoptop cancer was 7.9.

(b)satise;

As cancer is a non-specific disease that has been realized by various factors, there are several kinds of persons who are in danger 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 together with various human living habits, but generally, smoking, chronic infection, eating habits, occupational factors are important.

(1) Smoking:

As examined in the above epidemic causal relationship, smoking is a major risk factor of waste cancer. In addition, according to the appraisal of this case, the epidemic investigation results show that the 82% of smoking is related to smoking, and that the rate of death of at least 25 smokings per day is higher than that of non-smokings.

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 system.The respiratory system is not only the blood pipe wind, but also the distance between the waste air surface and the blood pipe is over 1-2 so that the distance between the waste air surface is larger than the skin and the waste air area is larger than 50 times compared to 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 and solid level. The gaseous substance is also subdivided into two parts that are well melted in water and that are not green as well. Among tobacco, the chemical substance is melted, megaton, mercap, amnis, and polyde in the same way as the vapor or engine in the steam form. On the other hand, it is possible to flow into the steam even so far as it is like the waste air. The solid chemical substance has a difference in the toxicity effect depending on the size of the container.It is because the substance in the body has a difference in the toxicity effect that affects the respiratory system depending on the size of the container. The substance in the body of which is at least 5 degree in diameter reaches the level of 15 to 10, and the substance in the shape of which is less than 1 to 1, respectively.

The mechanism that causes cancer is divided into two categories: (a) the chemical substance is the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject and the subject are included.

(2) A genetic novel.

Even if it is equally exposed to cancer, the quantity required for cancer is very diverse, and there is a person who is easily required for cancer, while there is a person who suffers damage safely. This plays a big role in an individual genetic element, i.e., e., a climatic gene, such as the environmental difference in each individual, and the difference in living habits, other than the difference in the living habits, or the difference in a specific family. According to the recent research results, if several genes are modified, there is a very high possibility of pulmonary cancer. During the patient-building research results, “the family of the pulmonary cancer patient is more than the family of the patient without the pulmonary cancer, which is higher than 2-2.5 times high.” Since the interaction between the pulmonary environment and the pulmonary resuscitation is very complicated and diverse, it cannot be concluded that the pulmonary cancer is generated only to a specific individual without taking into account the individual's climatic factors into account.

(3) Medical history;

As a result of the analysis on cancer patients with no climatic disease, the risk of death of pulmonary cancer has reached 2.53. As a result, the patient-large-scale research on the pulmonary cancer patients with no climatic disease, such as pulmonary tuberculosis, chronic pulmonary disease, or pulmonary fiber disease, etc., increased 50% by the risk rate of pulmonary cancer even after the pulmonary tuberculosis’s disease was revised. In particular, if pulmonary tuberculosis was suffering within 20 years, the risk rate of pulmonary cancer was increased by 2.5 times. As a result of the cocote research conducted by tracking 13,946 persons for 10 years, the 13th and 946 persons was reported to have a lower level of 10.6th 0 to 7th 26th climatic disease, the 16th climatic risk of pulmonary cancer was reported to have a lower level of 26th climatic disease for 26th 16th am.

(4) Meal habitss.

From 1988, the result of the Japanese joint cocon research published on June 2005 with the support of Japanese literature 127,477 participants with the support of Japanese literature 45 regions and 127,477 participants are recommended that food will be able to reduce the risk of waste cancer. In addition, it is also believed that the risk of waste cancer by a group of food calcians reaches 20%, in the case of persons with a high or low concentration of waste cancer due to excessive meat intake or notification methods.

(5) Professional exposure.

In addition, it is known that asbestos exposed to the inside or outside of the room is likely to increase the risk of heavy species (i.e., chlosophoma), and in addition, it is known that the occurrence of waste cancer is increasing even in cases where asbestos is exposed professionally to rain, string (i.e., chlomerth, chlomere), chlomere, nitrous, direction-based hydrocarbon, hydrocarbon, hexan, hexry, hexry, hexry, hexry, hexry, hexry, alphoid, etc., or radiation, X-ray, xae, string, neutron, and alphoma, etc., compared to the case where the death rate of pulmonary cancer is higher than that of the Guide, which is exposed to rain.

Among the data of the U.S. Industrial Health Research Institute, there is a case in which the proportion of death of truck drivers is 1.21 (1.14-1.29) and there is a case in which the occupational lung cancer is recognized to the bus drivers of 48 years of age and the cargo transport maintenance business of 51 years of age in Korea in 2000.

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 considered to be the risk of suffering from a disease compared to the large workers. 67.12, chronic closed diseases are 1.82 and 1.42.

(6) Air pollution.

The air pollution is also one of the important risk factors of the occurrence of waste cancer. Although there is no disagreement on the degree of exposure or air pollution, it is well known that "motor vehicle exhaust gas (in particular, diesel engines), air heating apparatus for household and workplace heating apparatus, power generation facilities, and in the direction-sufficient hydrocarbons or events that belong to the industrial exhaust gas are well known as mincates. In particular, among the exhaust gas of motor vehicles, diesel combustion emissions are classified into "those which are highly likely to be exposed to people," and waste cancer is pointed out as diseases most relevant to the 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, air pollution, in particular, air pollution, waste cancer death rate, and cardiopulmonary death rate in the air. The total death rate is 4%, 6%, and 8% of the death rate in the air.

According to the comparison of the rate of waste cancer generation in the two regions of the Thoma in Thaima (the two regions of North Korea's industries) (the cities of the rural areas of the rural areas of the rural areas of the rural areas of the rural areas of the rural areas of the rural areas), Chom Th (51.06%), despite the fact that the smoking rate in the Chom Th long (51.06%) is higher than the smoking rate in the Sark (19.78%) in the area of the rural area of the rural area of the rural area of the 100,000 population, the 40.9 (1989) and 44.0 (1999) in the area of the Chom Th, which are more than 8.5 (1989) and 21.4 (199) in the area of the rural area of the rural area of the rural area.

(7) Alcoholic content

As a result of an epidemiological investigation published in 2005 (the number of persons per annum 399,767, 3,137 patients suffering from lung cancer), when taking alcohols (the degree of 1.5 diseases per week, level of 0.5 diseases per week) with 30g or more per day, both men and women have increased the generation of lung cancer significantly, and in particular, women who have not smoked once have increased 15g or more per day, the relative risk level is 6.38 times per day.

(3) Family history, medical history, occupation, drinking, and residential life of the Smokingr of this case

The following facts may be admitted as a whole to each entry in Gap 41 to 46, 50, 51, 54 to 57 (including each number) without dispute between the parties, or as a whole to the purport of the whole pleadings.

(A) Plaintiff 1: 10-year-old tuberculosis, which received treatment for eight months. They engaged in agriculture, and have been engaged in stone farming. The Plaintiff 1-2 disease level each day during the 40-year-old period.

(B) Non-party 1: chronic closed disease occurred. Since the age of 20, the non-party 1 had resided in the time of drinking water and had a job such as the outpatient. For 40 years, the non-party 1 had drinking alcohol at a level of one-time illness during the period of 40 years.

(C) Plaintiff 11: From 1974 to 1979, Plaintiff 11 worked as a police officer in the Gangwon-do fleet-gun; from 1979 to 1991, he worked as a taxi and cargo driver; and after 1991, he was engaged in the livestock industry at the Chungcheongnam-si, Chungcheongnam-si. Poscing one disease level each day.

(D) Non-party 2: From 1971 to 1994, he worked as a fishing unit of the baselined fishing vessel, and after 1995, he worked as a small number of inshore fishing lines.

(E) Non-party 3: A person who was suffering from a astronomical organ in a youth season and died from the astronomical organ. A person was born from the permanent residence of North Korea to the 1982, and was born from the Gyeongbuk-si to the 1982, and operated a restaurant after the 1982 director in Seoul.

(F) Plaintiff 25: From 1970 to 1974, Plaintiff 25 served in Indonesia raw material companies; from 1975 to 1979, Plaintiff 25 served in the Joint Sales Company; from 1980 to 1995, Plaintiff 25 operated the Deputy Director after 195.

(4) Individual causations between smoking and the outbreak of waste cancer of the Smoking of this case

In light of the facts seen earlier, including the facts acknowledged in the above paragraph (3), it is not sufficient to recognize that the occurrence of the lung cancer of the Smokingr of this case is caused by smoking, solely on the basis that the Smokingr of this case smokes for a long time, and there is no other evidence to acknowledge it.

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

Even if individual causal relationship between the occurrence and smoking of the smoker of this case is acknowledged, according to the facts seen earlier, it is difficult to view that the smoker of this case, who was aware of the hazard of smoking, did not smoke according to self-determination, but continued smoking based on nicotine dependence. Furthermore, under such circumstances, it is difficult to say that the Defendants’ tobacco manufacturing and selling of this case, which occurred by continuous smoking for a long time, is a direct cause for the waste cancer of the smoker of this case.

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. The plaintiffs' assertion

(1) As to Defendant Republic of Korea

According to Article 6 of the former Consumer Protection Act (amended by Act No. 3921 of Dec. 31, 1986 and enforced April 1, 1987, and 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 with respect to important matters, such as the ingredients, structure, etc. of goods and services, in order to prevent any harm to consumers' life, body, and property due to the goods or services under his/her control, and shall notify them. Accordingly, the defendant Republic of Korea has the duty to notify the specific degree of harmfulness of tobacco, establish safe standards for the body of consumers, remove and reduce the harmful content of tobacco, and thereby violates the administrative guidance on the removal and reduction of the harmful content of tobacco, and thereby, the occurrence of the waste cancer of the Smoking of this case has been facilitated or deteriorated.

(2) As to the Defendant Company

The defendant's company asserts that the plaintiff did not inform the Smoking of this case of the harm of tobacco, salam, and nicotine's dependence for a long time through research by the tobacco research institute, although it had been well aware of the harmfulness of tobacco, salam, and nicotine's dependence.

(b) Markets:

The facts that it is difficult to view that the defendants are obliged to give any explanation or warning beyond indicating the warning phrase in accordance with the relevant laws and regulations as to the harmfulness of smoking are as stated in the above provisions on the existence of defects in the indication of tobacco, and thus, it is limited to the violation of the obligations under the Consumer Protection Act of the Republic of Korea.

On the other hand, Article 6 (1) of the Consumer Protection Act provides that "the State (amended by Act No. 5030 of Dec. 29, 1995 to the State in a central administrative agency) shall set the criteria to be observed by the business operators with respect to the material contents, such as the component, content, structure, etc. of the goods or services, the instructions or warnings, etc. for the use or use of the goods or services, and the matters deemed necessary for the prevention of other hazards, in order to prevent any danger and injury to consumers' lives, bodies, and property due to the goods or services provided by the business operators (the manufacturer, processing, seller, or provider of the goods or services)." Thus, in order to prevent any danger and injury to consumers, it is difficult to see that the provisions on the obligation to indicate tobacco ingredients were first established in the Tobacco Business Act amended on January 26, 2002, but such circumstance alone does not require any violation of the obligation under the Consumer Protection Act of the Republic of Korea. Thus, the plaintiffs' assertion as above has no further merit.

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

A. Judgment on the plaintiffs' assertion

The Plaintiffs, while establishing and operating the tobacco research institute, have accumulated research results on the hazards, cancer, and nicotine dependence of tobacco for a long time, but have concealed without disclosing the hazard of tobacco, salam, and nicotine dependence, and accordingly, there is no evidence to acknowledge that the occurrence of the instant Smoking has been facilitated or aggravated. Rather, the Defendants disclosed the research results as follows.

(b) Disclosure of the results of tobacco research;

The following facts may be acknowledged as either a dispute between the parties, or as a whole by taking account of the overall purport of the arguments in Gap84, 86, 114, or 133 (including each number), and the testimony of witness number.

(1) From the 1950s, the Defendants have published data containing the research results on the dependence of nicotine, tar, PAHs, carbon dioxide, carbon dioxide, ion hexinium, ion hexinium, pyr hexinium, hazards of tar and nicotine content of domestically produced tobacco.

(2) In accordance with Article 37 of the Regulations on the Disposal of Specific Research and Development Projects (No. 187 of the Science and Technology Management Directive) enacted on June 2, 1982, the Korea Ginseng Research Institute sent and kept a research report to the National Assembly Library, University Library, and Public Library, etc. pursuant to the provisions of the former Library Act and the National Assembly Library Act, and thereafter sent and kept the research report to the essential distributing institution (the National Assembly Library, the National Library of Korea, the National Library of Korea, the Government Archives, the National Institute of Science and Technology, the Korea Institute of Science and Technology, and the Korea Advanced Institute of Science and Technology, etc.) within two months after the final report is evaluated as a task.

3. Whether the consumer is harsh by spreading false information;

A. The plaintiffs' assertion

The Plaintiffs asserted that the Defendant Company disseminated false information on tobacco, such as creating and distributing a promotional guide that tobacco is not harmful to the Plaintiff’s promotion of tobacco, and that the Plaintiff produced and sold tobacco bearing the names such as “Lart, i.e., humcoin, i., e., humcoin, humde, and mad, and that this was harsh as if it were less harmful to the Plaintiff, and accordingly, the occurrence of the Plaintiff’s waste cancer was facilitated or aggravated.

(b) Markets:

In full view of the purport of the argument in Eul, Eul, and Eul-h8, it is recognized that the defendant company published a book for the title " whether smoking is harmful to health" on January 1, 1990, and on the other hand, the book contains the special lectures informing the employees of the defendant company of their thoughts about the harmfulness and effectiveness of tobacco, and there is no evidence to acknowledge that the defendants promoted tobacco to the Smoking of this case using the book, or that the contents of the book have increased the amount of smoking by delivering it to the Smoking of this case, or lost or reduced the degree of smoking.

In addition, even if the Defendant Company attached the name of “hart”, “hume”, “hume”, “hume”, and “mad” to tobacco with less tar and nicotine content, insofar as there is no evidence to acknowledge that the occurrence of waste cancer by the Smokingr in this case was caused by the Defendants’ act, it is difficult to view that the occurrence of waste cancer in this case was promoted or aggravated due to the Defendants’ act, and there is no other evidence to acknowledge it differently.

Therefore, the plaintiffs' above assertion is without merit without further review.

4. Whether or not to promote smoking desire or lung cancer infections by tobacco additives;

The plaintiffs asserted that the defendant company added various substances to tobacco in order to make the flasent or flasent essence of tobacco and to make it smooth to smoke, and added flasium to the smoker of this case, thereby promoting or aggravated the outbreak of the lung cancer of this case. However, since there is no evidence to acknowledge that the defendants added substances to the tobacco in order to increase the desire for smoking or to promote or aggravated the outbreak of the lung cancer of substances added to the tobacco, the above plaintiffs' assertion is without merit without any need to further examine.

5. Whether the nicotine content of tobacco for maintaining nicotine dependence is manipulated;

The plaintiffs asserted that the defendant company has manipulated the nicotine content in order to strengthen or maintain the dependence of nicotine, but there is no evidence to acknowledge this. Thus, the above plaintiffs' assertion is without merit without any further review.

6. Whether Defendant Republic of Korea promotes smoking;

(a) Promotion of smoking by paying tobacco to military personnel and selling duty-free tobacco;

The plaintiffs asserted that since June 15, 1949, Korea paid tobacco to soldiers (payment of tobacco purchase cost under the name of preference goods) from June 15, 1949, and sold duty-free tobacco at 12.5% at the market price, thereby encouraging soldiers to smoke, and accordingly, the occurrence of waste cancer by the inseminators of this case was facilitated or aggravated.

In full view of the fact-finding results of this court's fact-finding on the Minister of National Defense, the defendant Republic of Korea paid tobacco to him as a symbol for the purpose of boosting the morale of the soldiers, and paid in cash the purchase cost of personal-defenses (the amount of KRW 3,060 per January 3, 2000) since the beginning of the 1980s, and paid after converting it to private-defense benefits from 2001. As of 2006, the fact that the tobacco tobacco 1 A for military consumption as of 2,000 won was sold at 250 won, which is 2.5% of the market price. However, unless there is any evidence that the defendant Republic of Korea urged or recommended the military personnel to smoke, it is difficult to view that the above fact-finding alone has causation between the above act of the defendant Republic of Korea and the occurrence of the waste cancer of the inseminators of this case, and there is no other evidence to acknowledge this otherwise.

(b) Promotion of smoking through domestic tobacco encouragement policies;

In addition, although the plaintiffs asserted that Defendant Republic of Korea has promoted smoking of the Smokings of this case by emitting policies for promoting domestic tobacco consumption, the above policies are merely aimed at choosing domestic tobacco among domestically produced tobacco and foreign tobacco, and it does not promote tobacco consumption itself, and the above argument by the plaintiffs is without merit, even if they are based on the plaintiff's assertion itself.

7. Flags;

Furthermore, the plaintiffs asserted that (1) the Defendants violated the duty to establish guidelines for safe consumption of tobacco, (2) the duty to provide anti-smoking education for juveniles, (3) the duty of juveniles to strongly regulate smoking cessation education and tobacco sales for juveniles, (4) the duty to subsidize medical expenses for persons suffering from long-term smoking, (5) the duty to provide support for Smoking to those who suffered from chronic addictions through anti-smoking clinics, etc., but there is no evidence to acknowledge that the Defendants have such duty, and therefore, the plaintiffs' above assertion is without merit without any need to further examine.

VI. Conclusion

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

Judges Landscaping Co., Ltd. (Presiding Judge)

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

2) While the resale system of tobacco has been fully implemented, the percentage of tobacco resale profit out of the total national revenues reaches 5% or 8%, and in particular, after the 1970s, it accounts for a higher percentage of 7% or more. At present, 1,502 won, including 641 won for tobacco consumption tax, 321 won for local education tax, 164 won for value-added tax, 354 won for national health promotion fund, 15 won for tobacco production stabilization fund, and 75.1% for waste charges, are collected under the names of various taxes, charges, etc.

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

4) Article 9 of the Addenda to the Korea Electric Complex Corporation Act provides that “The rights and obligations of the State with respect to the business prescribed in Article 10 on the day preceding the commencement of the business shall be deemed to have been succeeded to by the Corporation.” Article 10 provides that “The business shall be deemed to have been succeeded to by the Corporation.” Article 10 provides that “(i) the support for tobacco and ginseng cultivation, ② the purchase of leaf tobacco and raw ginseng, ③ the manufacture of tobacco and red ginseng products, ④ the sale and export of tobacco and red ginseng products, ④ the export and import of them, ⑤ the support for the quality control of white ginseng and red ginseng products, ⑤ the development and distribution of new technology related to tobacco and red ginseng business, ⑥ the fostering and support of academic research institutes and organizations related to tobacco and red ginseng business, ± the business entrusted by the Government.”

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

6) This is judged to be a result of the Supreme Court's position to interpret the Product Liability Act that provides the design defect and display defect as the fault liability and the previous product liability as the fault liability.

7) See Supreme Court Decision 2003Da16771 Decided March 12, 2004: The position of the above Supreme Court precedents recognizing the presumption of the existence of a defect and the causal relationship between the defect and the damage in product liability is referred to in the legal principles of the U.S. Supreme Court precedents. The U.S. precedents are requirements to recognize the existence of a defect and the factual presumption of a causal relationship. ① The accident is caused by the act of an establishment or employee under the exclusive control of the defendant, ② there is no competition of negligence due to the plaintiff's voluntary act, ③ there is a circumstance that the accident does not occur ordinarily without any negligence, ④ there is a demand that the contents of the accident be adjacent to the defendant rather than the plaintiff.

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

9) However, there is a view that there is a possibility that nicotine may act as a risk factor that promotes the formation of nicotine.

Note 10) The broad meaning of tar is a pro rata substance created when the coal, petroleum, lumber, timber, or other organic products are dried, dried, and dried, dried, for a cost. Since the dried tobacco leaves are also dry, tar will be produced at the time of burning.

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

Note 12) The term “poly” and “chlorated” mean “poly” and “dibenzo” mean “two benzo” and “dibenzo” means “two fenzo” and “dixin” means “two fluoral acids,” and p-dixin means “two fluoral acids face.”

Note 13) The meaning of seven.

Note 14) acute poisoning means a specific symptoms that appear as a result of exposure to any substance. For example, a large number of alcohol poisoning appears.

Note 15) The delivery of Dominoms plays an important role in the formation of Nicco’s compensation action and a method of action that is conditional.

Note 16) Abuse means the use of drugs or other substances in a form that deviates from social norms. WHO defines abuse as continuously or frequently excessive use of drugs regardless of medical use.

Note 17) In regard to these measures, the tendency of the mental academic circles to substitute the term “influence” and include the wide range of substances and actions in “existence” reflects the tendency of the mental academic circles, and at this point of view, there is a view that these measures are included in the dependence by setting forth § 12 (a) as a behavioral dependence on dial-a-the-job, sports, Internet use, shopping, etc.

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

Note 19) There were only 10 to 15% of the total smokers, and 10 to 15% of the total waste cancer patients were all smoking patients.