NHRC Issues Recommendation to Minister of Health and Welfare to Amend National Health Insurance Act
Finding that denying military personnel health insurance benefits infringes articles 11 (right of equality) and 39 (no citizen shall be treated unfavorably on account of the fulfillment of his obligation of military service) of the Korean Constitution, the National Human Rights Commission (NHRC) issued a recommendation to the Minister of Health and Welfare to amend the National Health Insurance Act to extend health insurance coverage to military personnel who require medical treatment while on leave and, unable to access a military hospital, receive treatment at non-military medical facilities. The recommendation follows a January 2003 complaint petitioned by Mr. Bae and Mr. Ra against the Minister of National Defense and Minister of Health and Welfare.
Petitioner Ra, who at the time of the complaint was awaiting enlistment into compulsory military service, had observed that his friends who had been enlisted before him had to pay out of pocket for medical treatment received while on leave for injuries from minor problems such as indigestion to major bone fractures, treatment amounting to 2 – 5 times the amount they would have paid if they had access to health insurance. Ra felt that such persons performing military service, mandatory under Korean law, were thereby subject to disadvantageous treatment and accordingly, he filed a complaint with the NHRC.
Independently, Mr. Bae—whose son, also performing his military service obligation, had to get medicine twice while on leave in July 2002—received notice from the National Health Insurance Corporation in December 2002 that he must, “reimburse the 41,520 KRW (Korean won) of health insurance unfairly received during the time period in which his insurance was suspended,” and Bae petitioned the NHRC with a complaint charging that, “my son’s right to good medical care while performing his compulsory military service was violated.”
Currently, article 49: clause 3 of the National Health Insurance Act stipulates that, “When a person who is eligible to receive insurance benefits falls under one of the following subparagraphs (short-term military service,) no insurance benefit shall be provided during that period.”
However, during the NHRC investigation, the Ministry of National Defense and the Ministry of Health and Welfare came to an agreement that in cases where persons enlisted into active service require medical attention while on leave and use non-military facilities, the National Health Insurance Corporation (NHIC) would pay a portion of those services and then later, the Ministry of National Defense would reimburse the NHIC, thus creating a “treatment first; reimbursement later” system for military personnel on leave. Accordingly, the Ministry of Health and Welfare created a draft amendment (1 August 2003 – 20 August 2003) of the National Health Insurance Act to include a special new article stipulating the provision of temporary health insurance to persons enlisted into active service.
The NHRC finds the proposed amendment a step in the right direction since the state should help shoulder a portion of the costs incurred when active servicemen receive medical treatment at non-military facilities, since such an amendment does not erode the principle of the social insurance system (that persons paying insurance premiums should receive insurance coverage) and since the amendment would be of real help to active servicemen. Accordingly, the NHRC issued a recommendation to the Minister of Health and Welfare to amend the National Health Insurance Act such that active servicemen on leave can receive the same level of medical services as ordinary persons paying health insurance premiums.
