Samsung Life Insurance Applies for Indirect Compulsory Fine on 'Customer Center Sit-in' at Boammo (Comprehensive)
Illegal Sit-in Protest Continues Over Two Months Despite Injunction
Damage Claims for Customer Center Relocation Costs Proceed as Planned
[Asia Economy Reporter Oh Hyung-gil] It has been confirmed that Samsung Life Insurance has requested the court to impose fines on members of a cancer patient group who have been illegally occupying and protesting at the customer center for nearly 300 days. After these members failed to comply with the court's order to prohibit assembly and demonstration for over two months, Samsung Life Insurance ultimately resorted to its final measure.
According to the insurance industry on the 8th, Samsung Life Insurance applied to the court last month to impose indirect fines on members of the 'Cancer Patients Group Responding to Insurance Companies' (Boammo). Indirect fines are a type of penalty imposed when a court order is not complied with and serve as a means of compulsory execution under civil law.
Boammo members, who have been in conflict with Samsung Life Insurance for years over cancer hospitalization insurance payments, occupied the customer center on the 2nd floor of the Seocho-gu headquarters on January 14 and have continued their protest for 269 days as of this date.
At that time, members stormed the customer center after Samsung Life Insurance filed criminal charges against Kim Geun-ah, co-representative of Boammo, who had been protesting near the headquarters since last year by installing containers, on six counts including obstruction of business, defamation, and violations of laws related to assembly and demonstration.
Samsung Life Insurance proposed setting up a mediation body involving third parties to discuss the matter, but the members refused to negotiate, demanding payment of hospitalization insurance benefits according to the terms and conditions.
Even after the occupation, they continued to participate in protests while coming and going outside, causing unexpected damages such as swearing in front of daycare centers and playing funeral marches loudly, which children imitated. In particular, despite the spread of the novel coronavirus disease (COVID-19), they did not properly cooperate with quarantine measures, leading to further damages.
Eventually, financial affiliates including Samsung Life Insurance and daycare centers filed a provisional injunction to prohibit assembly and demonstration against Boammo in May, and the court granted the injunction on August 12. Under the court's order, Boammo was prohibited from holding assemblies and demonstrations within 100 meters of the headquarters and was required to vacate the customer center, but they did not end the protest.
On the 7th, while the Samsung Compliance Committee meeting was being held, members of the Samsung Dismissed Workers' High-Altitude Protest Coalition staged a surprise protest in front of the Samsung Life Seocho Building in Seocho-gu, Seoul. Photo by Kang Jin-hyung aymsdream@
View original imageIn Long-term Care Hospitals Relief of Sequelae and Treatment of Complications Do Not Constitute 'Direct Treatment Purpose'
Samsung Life Insurance plans to proceed with a claim for damages as scheduled along with the application for indirect fines. Samsung Life Service, which manages the customer center, has filed a claim for damages amounting to 642 million KRW for costs related to relocating the customer center, which became inoperable due to the illegal occupation by the members.
A Samsung Life Insurance official said, "The damage caused by the participants' verbal abuse and funeral performances, to the extent that even children at the daycare center imitate the protests, is beyond imagination," adding, "We decided to respond because we can no longer overlook illegal acts that ignore the court's decision."
Meanwhile, the justification for Boammo's protest has significantly diminished. Last month, the Supreme Court dismissed the appeal filed by Boammo co-representative Lee Jeong-ja regarding the cancer hospitalization payment lawsuit without hearing. The court judged that there was no particular problem with the lower court's ruling, in which Lee lost the case.
Lee, a former Samsung Life Insurance agent, was diagnosed with stage 3 breast cancer in 2017 and received chemotherapy at a university hospital while also being admitted to a long-term care hospital for treatment. Lee claimed about 50 million KRW for long-term care hospital hospitalization fees, but Samsung Life Insurance refused to pay, stating that hospitalization in a long-term care hospital does not qualify as 'direct treatment of cancer' under the policy terms.
The court also ruled that cases aimed at relieving sequelae or treating complications do not fall under the direct treatment purpose of cancer. Lee is reportedly planning to request a retrial.
The financial authorities have not expressed any particular stance following the Supreme Court ruling. The Financial Supervisory Service has conducted two dispute mediations regarding payment for cancer patients' long-term care hospital stays. In one case, it did not recommend payment of insurance benefits, stating that the hospitalization was for treating sequelae or complications after chemotherapy had ended.
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On the 7th, while the Samsung Compliance Committee meeting was being held, members of the Samsung Dismissed Workers' High-Altitude Protest Joint Committee staged a surprise demonstration in front of the Samsung Life Seocho Building in Seocho-gu, Seoul. Photo by Kang Jin-hyung aymsdream@
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