National Human Rights Commission of Korea Annual Report 2021
special contributors to get lesser treatment than recognized refugees, the Commission concluded
that the proposed provision on application of regulations on recognized refugee treatment be
modified so that it clearly stipulates that all applicable laws, including the Refugee Act, be applied.
L. Opinion expressed on delayed listing of new life-saving leukemia
medication for health insurance coverage
On November 30, the Commission expressed opinion to the Minister of Health and Welfare
that institutional arrangements be made for prompt inclusion of new life-saving drugs on the list
of drugs covered by the health insurance. One such arrangement would be enabling patients to
benefit from new life-saving drugs at provisional prices, with health insurance coverage, as soon
as they come to the market after Ministry of Food and Drug Safety approval.
Regarding a petition (21-jinjeong-0714500) that the Ministry of Health and Welfare infringed
upon the right to pursue happiness and the right to life of victims desperately in need of treatment
by excluding Kymriah, a medication to treat acute lymphoblastic leukemia, from national health
insurance coverage and not acting promptly to put it on the health insurance coverage list, the
Commission dismissed it on the ground that specialty drug payment criteria is an area of highly
specialized expertise and, as such, it is inappropriate for it to investigate and decide on this matter.
However, the Commission was of the view that it is a matter of the state to resolve the problem
of new life-saving drugs with proven safety and efficacy being priced at levels beyond a patient’s
reach, and to do so, the government should seriously consider victims’ request that the drugs be
promptly listed for national health insurance coverage in the spirit of safeguarding people’s basic
rights to life and happiness.
Also, considering that the right to life, which the national health insurance stands for, is the most
basic of the fundamental human rights as it is a prerequisite for all other basic human rights under
the Constitution, the Commission concluded that the government should positively consider ways
to promptly list new life-saving drugs for national health insurance coverage, and thus expressed
the above opinion in accordance with Paragraph 1, Article 25 of the NHRCK Act.
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