Korean court to rule Oct 15 on state bid to recover Choi Seo-won's 39m won hospital bill
In short
A Seoul detention centre paid 39.27 million won in hospital costs for Choi Seo-won, formerly Choi Soon-sil, in October 2020 and took no further recovery steps for almost five years, according to Justice Ministry data obtained by lawmaker Kim Yong-min's office. The state sued Choi for reimbursement in November last year, and the Seoul Central District Court is set to rule on October 15 at 2 p.m. Choi's side argues the five-year limitation period had already expired; the state says it had not.
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South Korea's correctional authorities paid 39.27 million won in hospital costs for Choi Seo-won, formerly named Choi Soon-sil and a central figure in the state affairs manipulation case, and did not recover the money for more than five years, according to Justice Ministry data obtained by the office of Democratic Party lawmaker Kim Yong-min, Yonhap and Maeil Business reported. The Seoul Central District Court is scheduled to rule on the state's reimbursement suit on October 15 at 2 p.m., with Judge Kim Do-yo of Civil Division 210 presiding. [ 1 , 3 ]
According to the reports, Choi slipped and fell in a bathroom while held at Seoul Eastern Detention Center in July 2019 and had shoulder surgery at Kangdong Sacred Heart Hospital from May to July 2020. When she did not pay the hospital bill, citing financial reasons, the detention centre paid it on October 23, 2020, and on October 28 notified her to pay. No further steps followed for almost five years. [ 1 , 3 ]
Correctional authorities became aware of the payment only in November last year and directed the detention centre to sue; it filed the suit against Choi on November 25. Under the National Finance Act, the state's monetary claims lapse if not exercised for five years, although a payment notice issued by the state is regarded as interrupting the limitation period. [ 1 , 3 ]
Choi's side argues the suit came more than five years after the October 23, 2020 payment, so the limitation period had expired. The state counters that the October 28, 2020 notice counts as a payment notice under the act, so the period began on November 28, 2020, the day after the 30-day payment deadline, and had not expired. [ 1 , 3 ]
The two sides also disagree on who should pay. Choi's side says she never expressed an intention to pay for her own treatment and that the state must ensure inmates receive appropriate care under inmate medical guidelines. The state says not all treatment during detention is paid from public funds and that Choi's intention to pay herself was confirmed. Korea Economic Daily also reported the unrecovered bill, attributing the data to the office of independent lawmaker Jang Kyung-tae. [ 1 , 2 , 3 ]
Why it matters
The ruling will decide whether the state can recover public money it paid on behalf of a central figure in the state affairs manipulation case after years of inaction. The case also turns on whether a payment notice from a detention centre stops the limitation period under the National Finance Act, and on who bears inmates' medical costs.
Key facts
- Seoul Eastern Detention Center paid 39.27 million won in outside medical costs for Choi Seo-won on October 23, 2020. [ 1 , 3 ]
- Choi slipped and fell in a bathroom at the detention centre in July 2019 and had shoulder surgery at Kangdong Sacred Heart Hospital between May and July 2020. [ 1 , 3 ]
- The detention centre notified Choi to pay on October 28, 2020, but no further recovery steps followed for almost five years. [ 1 , 3 ]
- Correctional authorities learned of the payment in November last year, and the detention centre filed a reimbursement suit against Choi on November 25. [ 1 , 3 ]
- Under the National Finance Act, the state's monetary claims expire if not exercised for five years. [ 1 , 3 ]
- Judge Kim Do-yo of the Seoul Central District Court's Civil Division 210 will deliver the first-instance ruling on October 15 at 2 p.m. [ 1 , 3 ]
Confirmed by several sources
- The state paid about 39 million won of Choi Seo-won's hospital bills and did not recover the money for years. [ 1 , 2 , 3 ]
- The state's suit was filed on November 25 last year, and the ruling is scheduled for October 15 at 2 p.m. [ 1 , 3 ]
- Choi's side says the limitation period expired; the state says the October 28, 2020 notice means the period began on November 28, 2020. [ 1 , 3 ]
Still unclear
- Whether the limitation period has expired. Choi's side and the state dispute it, and the court has not yet ruled.
- Whether Choi had expressed an intention to pay for her own treatment. The state says this was confirmed; Choi's side says she never expressed it.
- Which lawmaker's office released the Justice Ministry data. Yonhap and Maeil Business cite Democratic Party lawmaker Kim Yong-min's office on the 8th, while a Korea Economic Daily summary cites independent lawmaker Jang Kyung-tae's office on the 1st.