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Court to Rule on Oct. 15 Over Recovery of Choi Seo-won's 39 Million Won Hospital Bills

Court to Rule on Oct. 15 Over Recovery of Choi Seo-won's 39 Million Won Hospital Bills
▲ Choi Seo-won (formerly Choi Soon-sil)

Correctional authorities have reportedly paid about 39 million won in hospital bills on behalf of Choi Seo-won (formerly Choi Soon-sil), a key figure in the massive state-affairs manipulation scandal, but have failed to recover the amount for over five years.

The first-instance ruling in a indemnity lawsuit filed by the state against Choi is expected to be delivered on October 15.

According to data submitted by the Ministry of Justice to Democratic Party of Korea lawmaker Kim Yong-min's office on October 8, the Seoul Dongbu Detention Center subrogated 39.27 million won for Choi's medical treatment at an external medical facility on October 23, 2020.

Previously, Choi slipped and fell in a bathroom while being held at the Seoul Dongbu Detention Center in July 2019, and subsequently underwent shoulder surgery at Kangdong Sacred Heart Hospital between May and July 2020.

After Choi refused to pay the hospitalization fees citing financial reasons, correctional authorities paid the hospital bills on October 23 of the same year.

The Seoul Dongbu Detention Center notified Choi to pay the medical expenses on October 28 of the same year, but no significant follow-up procedures have been carried out for nearly five years.

Realizing the subrogation of Choi's medical expenses only in November of last year, the correctional authorities instructed the Seoul Dongbu Detention Center to file a lawsuit for indemnity.

The Seoul Dongbu Detention Center filed the indemnity lawsuit against Choi on November 25 of the same year.

The core issue is whether the statute of limitations has expired.

Under the National Finance Act, monetary claims of the state are extinguished if not exercised for five years.

However, according to regulations, the payment notice issued by the state is deemed to have the effect of interrupting the statute of limitations.

Choi's side argues that the statute of limitations has expired because the indemnity lawsuit was filed more than five years after October 23, 2020, the date of the subrogation.

On the other hand, the state maintains that the payment demand notice for medical treatment received by Choi on October 28, 2020, corresponds to a payment notice under the National Finance Act, meaning the statute of limitations begins to run from November 28, 2020, the day after the payment deadline (30 days) expired.

Therefore, they argue that the limitation period has not expired.

Opinions are also divided over who should bear the burden of the medical expenses.

Choi's side claims that Choi never expressed an intention to pay for her own treatment out of pocket, and that the state has an obligation to ensure that inmates receive proper medical treatment under the inmate medical management guidelines.

However, the state argues that not all medical treatment during imprisonment is covered by the government budget and that Choi's intention to pay for her own treatment was confirmed.

Judge Kim Do-yo of Civil Division 210-1 at the Seoul Central District Court will hold the sentencing hearing for the indemnity lawsuit filed by the state against Choi at 2:00 p.m. on October 15.

(Photo: Yonhap News)
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