Yoon's Mother-in-Law's Administrative Lawsuit on 'Fraudulent Nursing Benefits' Dismissed... Disposition Already Revoked

The court dismissed the lawsuit filed by Choi Eun-soon (77), mother-in-law of President Yoon Seok-yeol, who opposed the National Health Insurance Service's (NHIS) order to recover an unfair gain amounting to 2.5 billion won.

Choi Eun-soon, mother-in-law of President Yoon Seok-yeol. [Image source=Yonhap News]

On the 27th, the Administrative Division 5 of the Seoul Administrative Court (Presiding Judge Kim Soon-yeol) dismissed Choi's lawsuit seeking cancellation of the NHIS's order to recover unfair gains. Dismissal is a decision to end the trial without examining the merits when the lawsuit does not meet the requirements or the claim is not subject to judgment.

The court stated, "The NHIS revoked the order to recover unfair gains ex officio on December 15, 2022, during the ongoing lawsuit. This order lost its effect and no longer exists. Therefore, Choi's lawsuit seeks cancellation of a non-existent order, resulting in no legal interest and thus is inappropriate."

The court ruled that, according to the Administrative Litigation Act provision that when an administrative agency cancels a disposition leading to dismissal of the claim, the defendant bears the litigation costs, the NHIS shall bear the costs of this lawsuit.

Earlier, Choi was indicted in November 2020 on charges including fraud under the Specific Economic Crimes Act for illegally operating a nursing hospital despite not being a medical professional and receiving 2.29 billion won in nursing benefits from the NHIS until 2015.

After a guilty verdict in the first trial, the NHIS issued an order to recover the 2.29 billion won in nursing benefits. In response, Choi filed an administrative lawsuit. However, on December 15, 2022, the Supreme Court finally acquitted her of the fraud charges. Following this ruling, the NHIS revoked the recovery order ex officio.

Meanwhile, separately from this case, Choi was sentenced to one year in prison by the Supreme Court in November last year for forging balance certificates to falsely show a total deposit of 34.9 billion won in savings banks. She was released on parole in May.