Guardians of Undocumented Children with Long-Term Residence Must Be Eligible for National Health Insurance
□ On January 14, 2026, the National Human Rights Commission of Korea (Chairperson Ahn Chang-ho, hereinafter "NHRCK") issued an official opinion to the President of the National Health Insurance Service (NHIS, hereinafter "the respondent"). The Commission stated that guardians of undocumented children with long-term residence in Korea, who have been granted temporary stay for humanitarian reasons, should be eligible for National Health Insurance.
□ Background of the Case
The complainant is a foreign national residing in Korea under the G-1-81 status, a specific stay permit granted to guardians of undocumented children who have lived in Korea for a long period. Facing pregnancy and childbirth, the complainant applied for the National Health Insurance (NHI) regional subscriber scheme to alleviate medical costs. However, the NHIS rejected the application because it only allows certain sub-types of G-1 visa holders to join, completely excluding others, including G-1-81 holders. The complainant filed a complaint, alleging this exclusion constitutes discrimination without rational grounds.
Context Note: In Korea, the G-1 visa is a "other" category for persons permitted to stay for humanitarian reasons. While some G-1 holders (like recognized humanitarian status holders) can join the health insurance system, others remain in a legal gray zone regarding social safety nets.
□ Response from the Respondent (NHIS)
The respondent argued that the G-1 status is a temporary and short-term measure for humanitarian reasons, often involving unstable income and residency. They expressed concerns that expanding coverage could undermine the financial stability of the insurance fund and lead to "moral hazard," such as individuals entering the country solely to receive expensive medical treatment.
□ Commission Findings and Opinion
The NHRCK’s Committee on Discrimination Remedy rejected the formal complaint on jurisdictional grounds, as "visa status" is not explicitly listed as a protected category under the National Human Rights Commission Act. However, the Commission issued the following opinion to emphasize the need for institutional reform:
- Strengthened Compliance Systems: Since 2019, the government has implemented strict measures, such as the "Visa Extension Restriction System for Foreigners with Insurance Arrears." Foreign nationals are already subject to more rigorous eligibility criteria and premium payment procedures than Korean nationals. Therefore, excluding an entire visa category based solely on the potential for arrears or financial risk is difficult to justify.
- Functional Equivalence of Humanitarian Stay: Although G-1 visas are divided into various sub-types, they are essentially the same in that they are granted by the Minister of Justice when temporary stay is unavoidable for humanitarian reasons. Many excluded G-1 holders face vulnerabilities similar to those already permitted to join (such as G-1-6 and G-1-12 holders), including industrial accidents, illness, or victims of sexual violence.
- The Right to Family Life and Health: Specifically, the G-1-81 status is intended to ensure stable family life for the growth and education of children. Since these guardians are effectively required to reside in Korea long-term, their need for medical security is significant. In situations involving health risks like pregnancy and childbirth, lack of insurance drastically limits access to essential medical services.
- Substantial Need Over Formal Classification: Rather than relying on formalistic sub-categories of visa codes, the government should consider the actual living conditions and the necessity of medical access. The system should be improved to include guardians of undocumented children (G-1-81) within the protection of the health insurance system.
□ Conclusion
The NHRCK expressed its opinion to the respondent that relevant regulations, such as the Enforcement Rules of the National Health Insurance Act, should be amended to include guardians of undocumented children with long-term residence (G-1-81) as eligible regional subscribers.
