National Human Rights Commission of Korea Annual Report 2019
2. Key Policy Recommendations
A. Recommendation to Improve the Joint and Several Liability of Health
Insurance Payment Imposed on Minors
On February 14, the Commission recommended the Minister of Health and Welfare to revisit
the health insurance system and exclude minors covered by community insurance from the joint
and several liability of payment of insurance.
of insurance, and this obligation also applies to minors. The recommendation was triggered by
the case in which the National Health Insurance Service sent a reminder to an eight-year old child
who lives in a child welfare facility to pay for the parents’ health insurance arrears.
Under the Constitution and the Convention on the Rights of the Child, minors are eligible for
state protection through the social security program. And because minors in general don’t have
economic ability, it should be assumed that minors are unable to pay for health insurance. As a
matter of fact, in most cases, the amount of health insurance arrears to be borne by minors are
small, and there is no effectiveness in collecting insurance from minors as they have no economic
ability, and the National Health Insurance Service actually makes an exemption for such payments
by writing them off. The health insurance liability does more than add economic burden on
minors. Because insurance arrears negatively impacts credit and financial ability evaluation, they
can negatively affect a minor’s life in terms of scholarship, student loans, and employment.
The Commission concluded that minors covered by community health insurance are not
obligated to make insurance payment and institutional improvements should be made to exempt
them from the joint and several liability of health insurance payment.
The Ministry of Health and Welfare replied that it cannot not accept the recommendation,
stating that exempting minors who have joined the community health insurance scheme from the
joint and several liability would lead to a rise in moral hazard.
31
Key Activities
multiple petitions being filed with the Commission regarding the liability minors face, including
Part 2
All local subscribers who are part of a household have joint and several liability of payment