The first ruling on a lawsuit seeking to recover over 39 million won in medical expenses for Choi Seo-won, a key figure in the national scandal during the Park Geun-hye administration, is expected next week.
According to legal sources on October 8, Judge Kim Do-yo of the Seoul Central District Court will announce the verdict on the state's reimbursement claim against Choi on October 15 at 2 p.m.
Data submitted by the office of Democratic Party lawmaker Kim Yong-min shows that the Eastern Detention Center paid 39.27 million won for Choi's medical treatment at an external facility on October 23, 2020.
Choi underwent shoulder surgery at Kangdong Sacred Heart Hospital between May and July 2020 after falling in a bath while incarcerated at the Eastern Detention Center in July 2019.
When Choi failed to pay the hospitalization fees due to financial reasons, the correctional authorities covered the costs on October 23 of the same year.
The Eastern Detention Center notified Choi of the medical expenses on October 28, but nearly five years have passed without any further action.
After discovering the payment for Choi's medical expenses in November of last year, the correctional authorities instructed the Eastern Detention Center to file a reimbursement lawsuit. On November 25, the center initiated the claim against Choi.
The key issue in this lawsuit is whether the statute of limitations has expired. Under the National Finance Act, the state's monetary claims expire after five years if not exercised. However, it is considered that the notification of payment by the state interrupts the statute of limitations.
Choi's side argues that the lawsuit was filed after five years from the date of the payment on October 23, 2020, thus the statute of limitations has expired.
Conversely, the state contends that the notification of the medical expense payment received by Choi on October 28, 2020, qualifies as a payment notice under the National Finance Act, meaning the statute of limitations began on November 28, 2020, the day after the payment deadline of 30 days.
There is also a disagreement regarding who bears the cost of treatment.
Choi's side claims that she never expressed an intention for private treatment, while the state argues it is obligated to ensure that inmates receive appropriate medical care according to its medical management guidelines.
However, the state maintains that not all treatment during incarceration is covered by public funds and asserts that Choi's intention for private treatment has been confirmed.
* This article has been translated by AI.
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