Law: "Foreigners with deferred departure due to COVID-19 are not eligible for health insurance benefits"

[Asia Economy Reporter Kim Daehyun] The court ruled that foreigners whose departure was deferred due to the rapid spread of COVID-19 are not eligible for health insurance benefits.

According to the legal community on the 12th, the Seoul Administrative Court Administrative Division 14 (Chief Judge Lee Sanghoon) recently ruled against plaintiff A, a Chinese compatriot, in the first trial of the lawsuit to cancel the notice of recovery of unjust enrichment filed against the National Health Insurance Service.

A entered the country on a one-year visit employment visa in February 2017 and extended his stay until April 2020.

The Ministry of Justice deferred the departure deadlines for Chinese compatriots as COVID-19 rapidly spread in China starting February 2020.

A also had his departure deadline deferred 10 times after April and returned to China on February 27, 2021.

A joined the health insurance in 2019 and paid premiums until his departure, but it was found that he received a total of 34 medical benefits from April to December 2020.

The National Health Insurance Service notified A that it would recover approximately 3.4 million KRW in public funds, stating that "he received insurance benefits despite losing subscriber eligibility immediately after departure."

A filed an appeal. During the trial, he argued, "Even if the departure deadline was deferred, the status of stay is maintained," and "therefore, there is also eligibility as a health insurance subscriber."

The first trial court did not accept this. It held that foreigners residing in Korea, for whom it is difficult to enforce premium payments after departure, lose their health insurance subscription eligibility even if the departure deadline is deferred.

The court stated, "From April 2020 to February 2021, when A’s departure deadline was deferred, he did not have health insurance subscriber eligibility," and added, "The 'extension of stay period,' which grants a new stay period, and the 'deferment of departure deadline,' which allows consideration of the period due to exceptional reasons such as illness despite the obligation to depart, cannot be regarded as essentially the same."

The court explained, "The subjects of social fundamental rights are, in principle, nationals," and "Even if the scope of National Health Insurance beneficiaries is expanded to foreigners, the range can be limited to those with certain stay qualifications."