The Supreme Court has ruled that the state can claim medical expenses from an inmate who self-harmed in prison, was released, and then re-incarcerated and treated for the same injuries after release.
According to the legal community on January 19, the First Division of the Supreme Court (Presiding Justice Noh Taeak) overturned the lower court's ruling against the state in a recourse claim lawsuit filed by the government against an individual surnamed Park, and remanded the case to the Suwon District Court.
In January 2022, Park engaged in acts of self-harm, including injuring his abdomen, while at Daegu Prison, and was released in July of the same year upon completion of his sentence. In October of that year, he was re-incarcerated at Suwon Detention Center for the crime of special intimidation. During this time, he underwent surgery and outpatient treatment at a hospital for injuries related to his previous self-harm. The government paid 35,350,000 won for his medical expenses. Consequently, the state filed a lawsuit against Park, demanding reimbursement of the corresponding amount.
The first and second instance courts ruled against the state, stating, "For the government to claim medical expenses from an inmate, the injury must occur and be treated while the individual is either detained in the same correctional facility or at least still holds the status of an inmate."
However, the Supreme Court reached a different conclusion. The court held that, when the state seeks reimbursement from an inmate, it is not necessary for the injury and treatment to have occurred while the inmate was incarcerated for the same reason, and thus remanded the case for further proceedings.
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