# What compensation exists for medical accidents in Korea?

> Korea’s medical accident compensation programmes include advance payment of unpaid damages by the agency, no-fault compensation for childbirth accidents up to ₩300 million and mandatory insurance in foreign patient care.

Korea Patient Rights Guide describes who each programme covers. Eligibility in a given case is decided by the agency or the insurer.

Written by the Korea Patient Rights Guide editorial team on October 22, 2026. Canonical address: https://kpatientrights.org/articles/compensation-programs.

## What is advance payment of unpaid medical accident damages?

If damages set by a concluded mediation, an arbitration award, a settlement record or a final judgment are not paid, the victim can ask the agency to pay them and the agency recovers the money (Art. 47).

The fund is paid for by medical institution operators. Only damages are covered; costs of mediation, arbitration and litigation and late interest after the set date are not (Enforcement Decree, Art. 25).

## What is no-fault compensation for childbirth accidents?

A programme run by the agency for childbirth accidents that happened despite full due care, paying up to ₩300 million from 1 July 2025 (Art. 46; Enforcement Decree, Art. 23).

A compensation review committee decides whether an accident was unavoidable. The decree covers neonatal cerebral palsy, maternal death, fetal or neonatal death and, since 18 August 2026, severe maternal disability (Art. 22). Since a 2023 amendment the Minister of Health and Welfare bears the cost. The programme has applied since 8 April 2013.

## What insurance must foreign patient facilitators and institutions carry?

Facilitators need guarantee insurance of at least ₩100 million, and registered institutions need malpractice liability insurance or a mutual-aid fund with set minimum limits.

**Minimum insurance under the foreign patient act and its enforcement rule**

| Who | Insurance | Minimum |
| --- | --- | --- |
| Registered facilitator | Guarantee insurance for harm to foreign patients caused intentionally or negligently during facilitation | ₩100 million insured amount (Rule, Art. 4(2)) |
| Clinic or midwifery centre | Malpractice liability insurance or mutual-aid fund | ₩100 million a year (Rule, Art. 4(1)) |
| Hospital | Malpractice liability insurance or mutual-aid fund | ₩100 million a year |
| General hospital | Malpractice liability insurance or mutual-aid fund | ₩200 million a year |

## Which medical accident compensation programme applies to you?

It depends on the case: unpaid damages after a decided case, an unavoidable childbirth accident, or harm involving a foreign-patient facilitator or registered institution.

The agency decides advance payment and childbirth compensation, and the insurer handles claims under the facilitator or institution policy. Korea Patient Rights Guide cannot say whether a case qualifies.

## What else do people ask about medical accident compensation?

### How much is paid for an unavoidable childbirth accident?

Up to ₩300 million from 1 July 2025 (Enforcement Decree, Art. 23).

### Does advance payment cover legal costs?

No. Only damages are covered (Enforcement Decree, Art. 25).

### Must every Korean clinic carry malpractice insurance?

The requirement described here applies to institutions registered to attract foreign patients (foreign patient act, Art. 6).

### How much guarantee insurance must a facilitator carry?

At least ₩100 million (Enforcement Rule, Art. 4(2)).

### Can Korea Patient Rights Guide file a claim for me?

No. It does not file claims or refer anyone.

## What should you read next?

- [Is a medical dispute mediation agreement legally binding?](https://kpatientrights.org/articles/is-agreement-binding)
- [What should a foreign patient keep before leaving Korea?](https://kpatientrights.org/articles/records-before-leaving)
- [Korea medical dispute mediation statistics](https://kpatientrights.org/statistics/annual-overview)
- [Medical dispute mediation timeline and fee calculator](https://kpatientrights.org/tools/dispute-timeline)

## Where do these numbers come from?

- [Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes](https://www.law.go.kr/법령/의료사고피해구제및의료분쟁조정등에관한법률) - Korea Law Information Center
- [Enforcement Decree of the Medical Dispute Mediation Act](https://www.law.go.kr/법령/의료사고피해구제및의료분쟁조정등에관한법률시행령) - Korea Law Information Center
- [Act on Support for Overseas Expansion of Medical Services and Attraction of Foreign Patients](https://www.law.go.kr/법령/의료해외진출및외국인환자유치지원에관한법률) - Korea Law Information Center
- [Enforcement Rule of the foreign patient act (Article 4, insurance requirements)](https://www.law.go.kr/법령/의료해외진출및외국인환자유치지원에관한법률시행규칙) - Korea Law Information Center
- [Agency history](https://www.k-medi.or.kr/web/lay1/S1T15C100/contents.do) - Korea Medical Dispute Mediation and Arbitration Agency