ACRC: Seeking Reimbursement from Spouse for Son's Medical Expenses Due to Husband's Violence Is Unreasonable

▲ Anti-Corruption and Civil Rights Commission

The Anti-Corruption and Civil Rights Commission (ACRC) has issued an opinion recommending that the National Health Insurance Service (NHIS) cancel its claim for reimbursement against a spouse who inherited the estate of her husband, after he caused serious injury to their son and subsequently died.

According to the ACRC on Tuesday (July 21), a woman identified as A was in the middle of an appellate divorce trial with her husband, B, when B inflicted serious injuries on their son, C, and then died.

The NHIS subsequently exercised its right of subrogation against A, as the heir of B, to recover the medical expenses the agency had covered for C's treatment.

Legally, if one party dies during divorce proceedings, the lawsuit is terminated without a final judgment, and the surviving spouse becomes the heir.

Believing that the divorce had been finalized based on the first-instance ruling due to her husband's death, A did not separately renounce her inheritance. She filed a complaint, arguing that it is harsh to exercise the right of subrogation against her, as she is not only the heir of B but also the mother who must care for her son.

The ACRC determined that "recognizing the exercise of the right of subrogation would deprive A and C of the benefits of their health insurance, effectively resulting in the same outcome as if they were not insured," which contradicts the purpose of the insurance system.

Regarding the NHIS's claim that A holds liability for damages as an heir because she did not renounce the inheritance, the ACRC explained, "There were circumstances that could lead her to mistakenly believe the divorce was finalized, such as the competent court mistakenly issuing multiple certificates stating that the first-instance judgment had become final."

The ACRC stated, "The national health insurance system is the most fundamental social safety net provided by the state to its citizens," adding, "It is unreasonable for the agency to interpret regulations in a way that favors the NHIS and disadvantages the beneficiary solely to save or secure insurance finances."

(Photo: Yonhap News)

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