NHRCK Expresses Opinion Calling for Reconsideration of Proposed Amendments to the Medical Care Assistance System
Concerns over potential violations of the right to health of vulnerable groups; need for sufficient consultation and reconsideration of the proposed amendments -
□ The National Human Rights Commission of Korea (Chairperson Ahn Chang-ho, hereinafter “NHRCK”) decided at its 17th Standing Committee meeting on July 10, 2025, to express its opinion that the proposed amendments to the Enforcement Decree and Enforcement Rule of the Medical Benefit Act (hereinafter “the amendments”), which were announced by the Minister of Health and Welfare for public comment until July 15, 2025, risk infringing on the constitutional rights to health, medical care, and survival of vulnerable groups. The NHRCK stated that it is desirable for the amendments to undergo sufficient public debate and consultation and be reconsidered.
□ The amendments mainly introduce a “proportional co-payment system” (hereinafter “the proportional system”) and a “differentiated co-payment system,” under which a co-payment rate of 30% is applied to outpatient visits exceeding 365 times per year.
□ The NHRCK assessed the amendments as follows:
○ Proportional system: Following its implementation, beneficiaries, who previously paid KRW 1,000–2,000 per outpatient visit, may face co-payments of up to KRW 20,000 per visit. The financial burden would be heavier for repeated visits or high-cost treatments. Given that, as of 2025, the monthly basic living allowance for a one-person household is KRW 765,444, such increased co-payments could impose an excessive economic burden on beneficiaries, who must economize on even small living expenses.
○ Differentiated system: Applying a 30% co-payment rate to beneficiaries exceeding 365 outpatient visits per year overlooks the particular health conditions and complex illnesses of beneficiaries, raising concerns of infringing their right to health when urgent or frequent access to medical services is required.
○ Ex-post compensation system: The proposed reimbursement mechanism to mitigate the economic burden — refunding co-payments monthly after expenses have been paid — is an after-the-fact measure. It complicates beneficiaries’ ability to predict medical expenses, risks deterring timely treatment, and may ultimately lead to the abandonment of necessary medical care, thereby undermining their right to health.
□ At the same time, the NHRCK recognized the need for sound fiscal reforms and policies to prevent misuse, given the significant increase in medical assistance expenditures under the government’s policy of expanding medical coverage.
□ However, the NHRCK emphasized that revisions to the medical assistance system focusing on cost reduction through limiting access to care, without sufficient consideration of the socioeconomic circumstances and medical needs of beneficiaries, could jeopardize their very survival and run counter to the State’s duty to protect the right to health.
□ The NHRCK expressed its opinion to the Minister of Health and Welfare calling for a full reconsideration of the proposed amendments to the Enforcement Decree and Enforcement Rule of the Medical Benefit Act. The NHRCK will continue to make every effort to safeguard the right to health and access to medical care for socially disadvantaged and vulnerable groups.
