Korea medical dispute mediation procedure
In Korea, a medical dispute can go to mediation at the Korea Medical Dispute Mediation and Arbitration Agency, which must decide within 90 days of commencement, or to arbitration, the consumer agency or a court.
Korea Patient Rights Guide sets out each step with the deadline the law gives it, in English and Korean, so that patients and families know what comes next.
- Legal deadlines and fees come from the act and decree, with the article number.
- Statistics are shown only after the edition and reference date are confirmed.
- No clinic, doctor or lawyer names, and no referrals.
What are the steps of medical dispute mediation in Korea?
Six steps, each with a legal deadline: keep your records, apply, the other side replies within 14 days, appraisal, a decision within 90 days, and 15 days to accept or refuse.
Keep your records
Before applyingAsk the institution for a copy of your medical records and keep receipts. It may not refuse without a justifiable reason (Medical Service Act, Art. 21).
Apply for mediation
Within 3 years / 10 yearsEither side or its representative applies to the agency, within 3 years of learning of the harm and who caused it, and within 10 years of the treatment (Art. 27).
The other side replies
14 daysMediation starts if the respondent agrees to take part within 14 days of service. Death, a coma of a month or more, or a severe disability start it automatically.
Appraisal
60 days (+30)The agency’s appraisal panel appraises the medical accident and writes its report within 60 days of commencement, extendable once by 30 days (Art. 29).
Mediation decision
90 days (+30)The mediation panel decides within 90 days of commencement, extendable once by 30 days, and serves the decision on both sides within 7 days (Arts. 33, 36).
Agree or decline
15 daysEach side has 15 days from service to accept or refuse; silence counts as acceptance. A concluded mediation has the same effect as a court settlement (Art. 36).
Which routes are there for a medical dispute in Korea?
Four public routes: mediation and arbitration at the agency, damage relief at the Korea Consumer Agency, and a civil lawsuit, which does not require mediation first.
| Route | Run by | How it starts | Legal time frame | Effect of the result |
|---|---|---|---|---|
| Mediation | Korea Medical Dispute Mediation and Arbitration Agency | Respondent agrees within 14 days, or automatic start for death, coma or severe disability | Decision within 90 days of commencement, extendable once by 30 days | If both sides accept: same effect as a court settlement (Medical Dispute Mediation Act, Art. 36) |
| Arbitration | Same agency (mediation panel) | Both sides agree in writing to follow the panel’s final decision; can be requested during mediation | Set by the act and the Arbitration Act | Award has the same effect as a final court judgment (Art. 44) |
| Consumer damage relief | Korea Consumer Agency and its Consumer Dispute Mediation Committee | Damage relief application by the consumer | Referred to the committee if no agreement within 30 days (medical cases can be extended up to 60 days); committee decides within 30 days | If both sides accept the committee’s mediation: same effect as a court settlement (Framework Act on Consumers, Art. 67) |
| Civil lawsuit | Court | Filing a claim; mediation is not required first (Art. 40) | No time frame set by the mediation act | Final judgment |
Who can apply for medical dispute mediation in Korea?
Either side of the dispute or its representative, including foreign nationals, within 3 years of learning of the harm and 10 years of the treatment.
The act applies to foreign nationals (Art. 3). People living abroad apply to the agency by e-mail or fax, according to its English guidance.
Which legal deadlines apply in medical dispute mediation?
The act sets a deadline for each stage, from the 14-day reply to the 15-day response to the decision.
| Stage | Deadline | Counted from | Article |
|---|---|---|---|
| Applying | 3 years / 10 years, whichever comes first | Learning of the harm and who caused it / end of the treatment that caused it | Art. 27(13) |
| Respondent’s reply | 14 days | Service of the application | Art. 27(8) |
| Objection to automatic start | 14 days (decided within 7 days) | Service of the application | Art. 27(10)–(11) |
| Appraisal report | 60 days, once +30 days | Commencement | Art. 29 |
| Mediation decision | 90 days, once +30 days | Commencement | Art. 33 |
| Serving the decision | 7 days | Decision | Art. 36(1) |
| Accepting or refusing | 15 days (silence = acceptance) | Service of the decision | Art. 36(2) |
What are the editorial principles of Korea Patient Rights Guide?
Only rules confirmed in the law or on official pages, with the article or page cited, and no names of clinics, doctors or lawyers.
Statistics from the agency’s yearbook appear only after the edition and reference date are confirmed. Until then those pages are marked as drafts and kept out of search.
What else do people ask about medical dispute mediation in Korea?
What can I do if a medical procedure in Korea went wrong?
You can keep your records, apply for mediation at the Korea Medical Dispute Mediation and Arbitration Agency, go to the Korea Consumer Agency or file a lawsuit. Korea Patient Rights Guide explains each route but does not assess cases.
Can foreigners apply for medical dispute mediation in Korea?
Yes. The act applies to foreign nationals, and people living abroad can apply by e-mail or fax.
How long does mediation take and what does it cost?
A decision is due within 90 days of commencement, extendable once by 30 days. The fee starts at ₩22,000 for claims up to ₩5 million.
Does Korea Patient Rights Guide recommend lawyers or hospitals?
No. It does not introduce, recommend or connect anyone to lawyers, claims adjusters or medical institutions.
Is there a Korean version?
Yes. Every page has a matching Korean page under /ko.
Where do these numbers come from?
- Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes
- Korea Medical Dispute Mediation and Arbitration Agency (official site)
- Mediation and arbitration fees (fee table, reductions and refunds)
- Guidance for mediation application (English)
- Framework Act on Consumers (Articles 55 to 67)