NHIS Refused Health Insurance Refund Despite Suspension of Statute of Limitations... Anti-Corruption Commission Calls for Correction

There has been an opinion that the National Health Insurance Service should refund health insurance premiums to those whose statute of limitations for refunds has been suspended.

Hansam Seok, Vice Chairman of the Anti-Corruption and Civil Rights Commission, is speaking at the Commission's main conference room in the Government Sejong Complex. Photo by Yonhap News

On the 28th, the Anti-Corruption and Civil Rights Commission stated that the National Health Insurance Service should refund premiums to individuals whose statute of limitations for refunds was suspended, even though the Service had applied the statute of limitations.

In fact, Mr. A, who paid about 37 million won in health insurance premiums for the comprehensive income tax imposed in June 2022, requested a refund of the overpaid premiums from the National Health Insurance Service this July after winning a lawsuit to cancel the income tax assessment and receiving a refund of the income tax. According to Article 91 of the National Health Insurance Act, the statute of limitations for refunding overpaid premiums is three years, but if there is a judicial claim, the statute of limitations is suspended in accordance with Article 168 of the Civil Act. However, the National Health Insurance Service refused the refund, arguing that Mr. A's lawsuit was filed against the tax office, not the Service itself.

The Commission determined that since Mr. A was not at fault regarding the overpayment and had already corrected the tax assessment through a three-year lawsuit against the tax office, requiring him to file another lawsuit against the National Health Insurance Service for a refund would be excessively harsh. Therefore, the Commission issued an opinion that about 30 million won in overpaid premiums should be refunded to Mr. A.

Hansam Seok, Vice Chairman of the Commission, stated, "Since the administrative agency calculated the health insurance premiums based on incorrect income data, refunding the overpaid amount is an example of proactive administration that meets public expectations," adding, "The Commission will continue to actively address public complaints to enhance the convenience of citizens."

This content was produced with the assistance of AI translation services.