Is a medical dispute mediation agreement legally binding?
A concluded medical dispute mediation in Korea has the same legal effect as a court settlement, and unpaid amounts can be advanced by the agency.
Korea Patient Rights Guide explains when a mediation is concluded and what follows, from the articles of the act.
On this page
When is a medical dispute mediation concluded?
When both sides accept the decision, or are deemed to accept it by not replying within 15 days of service (Art. 36).
The decree requires the reply to be in writing (Enforcement Decree, Art. 16). Silence is not neutral: if you do not want to accept, you have to say so within the 15 days.
What effect does a concluded medical dispute mediation have?
The same effect as a court settlement (Art. 36(4)). A settlement reached during the procedure and recorded by the agency has the same effect (Art. 37(4)).
How does a mediation agreement compare with other medical dispute results?
An arbitration award has the effect of a final judgment, and an accepted consumer committee mediation has the effect of a court settlement.
| Result | Effect | Basis |
|---|---|---|
| Concluded mediation | Same as a court settlement | Medical Dispute Mediation Act, Art. 36 |
| Settlement record during mediation | Same as a court settlement | Art. 37(4) |
| Arbitration award | Same as a final judgment | Art. 44(1) |
| Accepted consumer committee mediation | Same as a court settlement | Framework Act on Consumers, Art. 67 |
What if the agreed medical dispute compensation is not paid?
You can ask the agency to pay the unpaid damages in advance; it then claims the money back from the liable party (Art. 47).
This covers a concluded mediation, an arbitration award, a settlement record, a consumer committee settlement record and a final Korean court judgment. Only damages are covered; mediation, arbitration and litigation costs and late interest after the set date are excluded (Enforcement Decree, Art. 25). The article on compensation programmes explains the scheme.
What else do people ask about medical dispute mediation agreement?
Can I change my mind after the mediation is concluded?
A concluded mediation has the effect of a court settlement, so it cannot simply be withdrawn. Ask a lawyer about your case.
What happens if I do not reply to the decision?
After 15 days from service, you are deemed to accept (Art. 36(2)).
Is an arbitration award stronger than a mediation agreement?
It has the effect of a final judgment, while a concluded mediation has the effect of a court settlement.
Who pays if the hospital does not pay?
You can ask the agency to advance the unpaid damages (Art. 47).
Does Korea Patient Rights Guide collect payments?
No. It handles no money and no cases.