Korea Patient Rights Guide

What is the time limit for medical dispute mediation in Korea?

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An application for medical dispute mediation in Korea must be made within 3 years of learning of the harm and who caused it and within 10 years of the end of the treatment, whichever comes first.

When each period starts depends on the facts of a case. Korea Patient Rights Guide shows the rules; the agency or a lawyer can tell you how they apply to you.

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What is the time limit for medical dispute mediation?

10 years from the end of the act that caused the accident, or 3 years from learning of the harm and who caused it, whichever comes first (Art. 27(13)).

How does the medical dispute time limit relate to the Civil Act?

It mirrors the Civil Act: a tort damages claim expires 3 years after learning of the harm and the wrongdoer, or 10 years after the wrongful act (Art. 766).

In 2018 the Constitutional Court limited the 10-year rule for certain historical cases. That ruling does not concern ordinary medical disputes, but it is one reason to confirm your own dates with a lawyer.

Does a medical dispute mediation application pause the time limit?

Yes. The application interrupts the limitation period (Art. 42(1)).

If the application is withdrawn or dismissed, the interruption has no effect unless a lawsuit is filed within one month. A dismissal because the hospital did not take part counts here.

Which deadlines apply once medical dispute mediation has started?

Reply 14 days, appraisal 60 days, decision 90 days and response 15 days, as set in the act.

Legal deadlines in medical dispute mediation
StageDeadlineCounted fromArticle
Applying3 years / 10 years, whichever comes firstLearning of the harm and who caused it / end of the treatment that caused itArt. 27(13)
Respondent’s reply14 daysService of the applicationArt. 27(8)
Objection to automatic start14 days (decided within 7 days)Service of the applicationArt. 27(10)–(11)
Appraisal report60 days, once +30 daysCommencementArt. 29
Mediation decision90 days, once +30 daysCommencementArt. 33
Serving the decision7 daysDecisionArt. 36(1)
Accepting or refusing15 days (silence = acceptance)Service of the decisionArt. 36(2)

Does the date of the accident matter for automatic commencement?

Yes. Automatic commencement applies to accidents from medical acts that ended on or after 30 November 2016.

What else do people ask about medical dispute time limit?

Is the time limit for mediation 3 years or 10 years?

Both apply, and the one that ends first decides (Art. 27(13)).

When does the 3-year period start?

From the day you learned of the harm and who caused it. When that is depends on the facts; confirm with the agency or a lawyer.

If my application is dismissed, have I lost time?

The interruption lapses unless you file a lawsuit within one month (Art. 42(1)).

Do foreign patients have different time limits?

No different limits are set for foreign nationals; the act applies to them as well (Art. 3).

Can Korea Patient Rights Guide calculate my deadline?

No. It cannot know the facts that start the clock.

Where do these numbers come from?

  1. Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes · Korea Law Information Center · Primary source
  2. Civil Act (Article 766, limitation of tort claims) · Korea Law Information Center · Primary source
  3. Korea Medical Dispute Mediation and Arbitration Agency (official site) · Korea Medical Dispute Mediation and Arbitration Agency · Primary source