How does medical dispute mediation work in Korea?
Medical dispute mediation in Korea is run by the Korea Medical Dispute Mediation and Arbitration Agency and moves from application to a decision within 90 days of commencement, extendable once by 30 days.
The deadlines below come from the Medical Dispute Mediation Act in force on 22 October 2026. Korea Patient Rights Guide does not handle cases; the agency decides each step.
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Who runs medical dispute mediation in Korea?
The Korea Medical Dispute Mediation and Arbitration Agency, a public body set up under the Medical Dispute Mediation Act.
The act was promulgated on 7 April 2011 and took effect on 8 April 2012. The agency was established on 9 April 2012, according to its own history page. Mediation proceedings are not public as a rule (Art. 32).
Who can apply for medical dispute mediation?
Either party to the dispute, the patient’s side or the provider’s side, or its representative (Art. 27(1)).
A representative can be a legal representative, spouse, lineal relative or sibling, an officer or employee of a party that is an institution, or a lawyer. A person given written authority may act only when none of the family members listed exists, or when the party is a foreign national or a Korean living abroad (Art. 27(2); Enforcement Rule, Art. 7(4)).
The act applies to foreign nationals as well (Art. 3), and the agency’s application page states that both Korean nationals and foreigners may apply.
What are the steps of medical dispute mediation?
Six steps: keep your records, apply, the other side replies, appraisal, the mediation decision, and acceptance or refusal.
| 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) |
- 1. 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).
- 2. 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).
- 3. 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.
- 4. 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).
- 5. 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).
- 6. 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).
When does medical dispute mediation actually start?
When the respondent tells the agency within 14 days that it will take part, or automatically in cases of death, a coma of a month or more or a severe disability.
If the respondent does not reply within 14 days of receiving the application and the case is not one of the automatic-start cases, the application is dismissed (Art. 27(8)). The article on what happens when a hospital refuses explains the automatic start in detail.
What happens after the medical dispute mediation decision?
The decision is served within 7 days, and each side has 15 days to accept or refuse; silence counts as acceptance (Art. 36).
When both sides accept, the mediation is concluded and has the same effect as a court settlement. If either side refuses, the mediation is not concluded and the parties may go to court. A settlement reached during the procedure is recorded and has the same effect (Art. 37(4)).
Does applying for medical dispute mediation stop the limitation clock?
Yes. An application interrupts the limitation period, but the effect is lost if it is withdrawn or dismissed unless a lawsuit follows within one month (Art. 42(1)).
What else do people ask about medical dispute mediation?
How long does medical dispute mediation take in Korea?
The decision is due within 90 days of commencement and can be extended once by 30 days (Art. 33). This is a legal maximum, not an average.
Can a hospital apply for mediation?
Yes. Either party may apply, including the medical institution or doctor (Art. 27(1)).
Is mediation public?
No. Proceedings are not public as a rule (Art. 32).
Do I need a lawyer?
No. A party can apply in person. A lawyer is one of the representatives the act allows. Korea Patient Rights Guide does not refer lawyers.
What if I refuse the decision?
The mediation is not concluded. You can still file a lawsuit, and the limitation rules in Article 42 apply.