Korean tobacco giant sued (fwd)

[Robert Weissman <rob@essential.org>]

Tobacco giant sued
by ROGER DEAN DU MARS
Source: South China Morning Post, Wednesday, 9/8/99
		
		A South Korean with lung cancer has filed an unprecedented
lawsuit, seeking compensation from Korea Tobacco and Ginseng Corporation
(KTGC), the nation's primary cigarette maker.

The man, 56, a chief engineer on an ocean liner, identified simply as Kim,
alleges the KTGC, which is controlled by the Government, deliberately sold
him addictive drugs which have the potential to cause death.

Mr Kim's lawyer, Choi Jae-chun, said the landmark suit, seeking 100
million won (HK$660,000), would be followed by a class-action suit against
the industry.

Mr Choi said Mr Kim was diagnosed with terminal lung cancer on August 3 in
Pusan after 36 years of smoking two packs a day.

The suit alleges KTGC was motivated by greed to cover up scientific
results demonstrating that carcinogens, nicotine and tar in the cigarettes
can lead to lung cancer. Cigarette packets in Korea were not labelled with
explicit warnings of the dangers of smoking until 1989.

"I think there is a small likelihood of this suit succeeding," said Kim
Joongi, professor of law at Yonsei University. "Proving deliberate intent
is going to be very difficult."

Given that KTGC is run by the Government and generates huge revenues,
analysts said Mr Kim's suit would meet stiff resistance.

"The Government has many ways to prevent damaging evidence from finding
the light of day," an official said. "It pulls all the strings in this
case and will have no problem making sure this suit goes nowhere."

Legal experts said that without a whistle-blower, Mr Kim's suit would
sputter without sufficient evidence.

"Unlike places like the United States, whistle-blowing is not a common
practice. The law doesn't protect them so there is nothing to gain," one
expert said.