This study examines the legal issues arising from the conflict between the National Health Insurance Service (NHIS) right to claim compensation and a victim's direct claim right when competing for limited liability insurance funds following a tortious...
This study examines the legal issues arising from the conflict between the National Health Insurance Service (NHIS) right to claim compensation and a victim's direct claim right when competing for limited liability insurance funds following a tortious act committed by a third party.
Currently, the law does not clearly state who should be paid first. This lack of clarity leads to unfair results and unnecessary lawsuits. To address this, this study analyzes insurance theories under the Commercial Act and domestic case law. It further compares the Korean system with the legislation of countries like Germany, Austria, and Switzerland, where laws are much clearer.
Based on this review, the study proposes three rational solutions. First, the National Health Insurance Act should be amended to include a ‘pro-rata distribution principle.’ This means the NHIS and the victim would share the limited funds fairly based on their claim amounts. Second, a special committee should be formed to solve disputes between the NHIS and insurance companies without going to court, saving both time and money. Third, rules should be strengthened to ensure victims report necessary information, such as introducing fines for not reporting accidents on time.
These changes aim to create a fair system that protects both the financial stability of the NHIS and the rights of victims.