Choi Seo-won, a key figure in the corruption scandal involving the former Park Geun-hye administration, will not have to repay the South Korean government for over 39 million won (approximately $39,000) in medical expenses covered by a detention center.
On October 15, Judge Kim Do-yo of the Seoul Central District Court ruled against the government's claim for reimbursement in a subrogation lawsuit filed against Choi.
Choi was incarcerated at the Seoul Eastern Detention Center in July 2019 due to the corruption scandal. After falling in a bathhouse, she underwent shoulder surgery at Kangdong Sacred Heart Hospital in May to July 2020.
At that time, Choi cited financial reasons for not paying her medical bills, and on October 23, 2020, the detention center paid 39,270,000 won on her behalf. The facility notified Choi on October 28 that she was required to reimburse this amount.
After five years without further action, the detention center filed the subrogation lawsuit on November 25, 2021, following directives from correctional authorities.
The central issue was whether the statute of limitations for the reimbursement claim had expired. According to the National Finance Act, the government's monetary claims expire after five years if not exercised. However, a 'payment notice' issued by the government can suspend this limitation.
Choi's legal team argued that the statute of limitations had indeed expired. Conversely, the government contended that the notice of payment Choi received constituted a valid payment notice under the National Finance Act, thus preventing the expiration of the statute of limitations. They argued that the limitation period began the day after the payment deadline of 30 days, which was November 28, 2020.
The court did not accept the government's argument, stating, "The notice of payment alone does not constitute a valid payment notice," and concluded that the statute of limitations had already expired by the time the lawsuit was filed.
* This article has been translated by AI.
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