Can medical dispute mediation start if the hospital refuses?
Medical dispute mediation in Korea normally needs the respondent to agree within 14 days, but cases of death, a coma of a month or more or a severe disability start automatically.
Korea Patient Rights Guide sets out the rule, the decree’s definition of severe disability and the limited grounds on which a respondent can object.
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What happens if the hospital does not agree to medical dispute mediation?
If the respondent does not notify its intent to take part within 14 days of receiving the application, the agency dismisses the application (Art. 27(8)).
A dismissal is not a finding about fault. The agency’s fee page says the fee is refunded in full when an application is dismissed because the respondent did not take part. You can still go to court; mediation is not required before a lawsuit (Art. 40).
When does medical dispute mediation start automatically?
When the accident caused death, a coma lasting a month or more, or a severe disability defined by decree (Art. 27(9)).
In these cases the agency starts mediation without delay, and the date the respondent received the application is treated as the commencement date.
The decree defines the disability as a severe disability under the Act on Welfare of Persons with Disabilities, excluding autism-spectrum and mental disabilities (Enforcement Decree, Art. 14-2(1)). It also excludes cases where a severe level is reached only by adding a new non-severe disability to an existing one, or where a new disability affects a body part that already had a severe disability.
Since when has automatic commencement of mediation applied?
From 30 November 2016, for accidents caused by medical acts that ended on or after that date.
The rule was added by Act No. 14221, promulgated in May 2016 and in force six months later. The disability wording was changed with effect from 1 July 2019, when the old disability grading system was replaced by a severe or non-severe distinction.
Can the hospital object to automatic commencement of mediation?
Yes, within 14 days of receiving the application and only on limited grounds; the chair decides within 7 days (Art. 27(10)–(11)).
If the objection is rejected the procedure continues; if it is upheld the application is dismissed.
| Ground | Where it is set |
|---|---|
| Before applying, the applicant disrupted the institution’s work because of the accident | Act, Art. 27(10)1 (Medical Service Act Art. 12(2), Criminal Act Art. 314(1)) |
| The application is clearly based on false facts | Act, Art. 27(10)2 |
| The applicant withdrew the same case two or more times before | Enforcement Rule, Art. 7(5) |
| The same case was dismissed or closed before | Enforcement Rule, Art. 7(5) |
| The case does not actually meet the automatic-start conditions | Enforcement Rule, Art. 7(5) |
What can you do after medical dispute mediation is dismissed?
Go to court, or check whether another route fits. Watch the limitation period: the interruption from the application lapses unless a lawsuit is filed within one month.
| 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 |
What else do people ask about automatic commencement of mediation?
Can a hospital simply ignore a mediation application?
Outside the automatic-start cases, yes: if it does not reply within 14 days, the application is dismissed (Art. 27(8)).
Does dismissal mean the hospital was not at fault?
No. Dismissal only means mediation did not start. It says nothing about fault.
Is every disability covered by automatic commencement?
No. Only a severe disability as defined by decree, excluding autism-spectrum and mental disabilities, and with further exclusions.
Is my fee refunded if the application is dismissed?
According to the agency’s fee page, yes, in full, when dismissal is because the respondent did not take part.
Who decides whether my case qualifies for automatic commencement?
The agency. Korea Patient Rights Guide cannot assess individual cases.