This paper examines how the existence of domestic violence (DV) should be considered in dependent certification under the Health Insurance Act. Under current law, there is a problem that even when DV victims need to be removed from dependent status, there is no legal provision for insurers to act ex officio without notification from the insured. While the 2021 Notice No. 1 provides certain responses, the legal basis remains unclear. This paper presents the necessity of establishing legal provisions for insurers to remove dependents ex officio and proposes legislative policy directions for considering DV existence in determining livelihood maintenance requirements.
[Social Security and Law] Approach to Certifying Dependent in Consideration of the Existence of Domestic Violence
Overview
This paper examines how the existence of domestic violence (DV) should be considered in dependent certification under the Health Insurance Act. Under current law, there is a problem that even when DV victims need to be removed from dependent status, there is no legal provision for insurers to act ex officio without notification from the insured. While the 2021 Notice No. 1 provides certain responses, the legal basis remains unclear. This paper presents the necessity of establishing legal provisions for insurers to remove dependents ex officio and proposes legislative policy directions for considering DV existence in determining livelihood maintenance requirements.
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