The first-instance ruling is scheduled to be delivered on October 15 regarding a case where the government paid over 39 million won for the hospital expenses of Choi Seo-won, who underwent surgery after a fall in a detention center, but has yet to be reimbursed.

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

Choi slipped and fell in the bathhouse in July 2019 while detained at the Seoul Dongbu Detention Center, and subsequently received shoulder surgery and treatment at Kangdong Sacred Heart Hospital between May and July 2020.

However, when Choi refused to pay her hospitalization fees citing financial hardship, the Seoul Dongbu Detention Center covered the bill instead.

Five days after covering the payment on October 28, 2020, the detention center notified Choi to pay the medical expenses, but Choi did not pay, and no significant recovery procedures were pursued for about five years.

Correction authorities only re-recognized the fact that Choi's medical expenses had been paid on behalf in November of last year, and the Seoul Dongbu Detention Center filed a reimbursement lawsuit against Choi on November 25 of the same year.

The core issue of the trial is whether the state's right to claim the return of hospital expenses has already expired.

According to the National Finance Act, a monetary claim by the state is extinguished if not exercised for five years.

However, the statute of limitations can be interrupted if the state issues a payment notice.

Choi's side argues that the statute of limitations has expired because the reimbursement lawsuit was filed after five years passed from October 23, 2020, when the detention center paid the medical bills on her behalf.

Meanwhile, authorities argue that the notice for medical treatment expense payment received by Choi on October 28, 2020, corresponds to a payment notice under the National Finance Act.

They claim the statute of limitations must be calculated from November 28, 2020, the day after the 30-day payment deadline expired.

Under this calculation, the lawsuit was filed just three days before the expiration of the limitation period.

Additionally, Choi's side argues that she never expressed an intention to receive treatment at her own expense, and that the state has an obligation to provide appropriate medical care to inmates under the inmate medical management guidelines.

On the other hand, the state refutes that receiving treatment during the period of incarceration does not mean the state must bear all costs, and that it has been confirmed Choi expressed an intention to receive treatment at her own expense.

Reported by Park Se-won | Video by Hong Jin-young | Graphics by Yang Hye-min | Produced by SBS Digital News