Key Points
- The statutory penalty for occupational negligence causing death or injury is imprisonment without labor for up to five years or a fine of up to KRW 20 million (Article 268 of the Criminal Act), and the statute of limitations is seven years (Article 249 of the Criminal Procedure Act).
- After securing the medical records, investigative agencies request a medical expert opinion from the Korea Medical Dispute Mediation and Arbitration Agency, a university hospital, or a similar body.
- In a case booked as negligent injury, if mediation succeeds or a mediation record is prepared, the case cannot be indicted against the victim's wishes (Article 51 of the Act on Remedies for Injuries from Medical Accidents and Mediation of Medical Disputes (the “Medical Dispute Mediation Act”, 의료분쟁조정법); serious injury excluded).
- From May 27, 2027, a review procedure by the Medical Accident Review Committee and special criminal provisions for essential medical care will also apply.
1. The order in which the case proceeds
- Start of the investigationThe trigger is a criminal complaint by the patient's side, or a report of the death (handled as an unnatural death).
- Collecting evidenceInvestigative agencies obtain or seize medical records, images, and data stored on equipment.
- Request for an expert opinionAn outside expert body gives its view on whether the medical treatment was negligent and whether it is linked to the outcome.
- Questioning the doctorThe doctor, as the suspect, is called in and, if needed, confronted with the statements of other members of the medical team.
- Referral and the charging decisionThe police refer the case to the prosecutor, and the prosecutor decides whether to indict.
2. What the patient's side can do
The complainant can submit to investigative agencies a written opinion summarizing the key points in dispute, along with medical materials, and ask that those issues be included in the questions put to the experts. Once the expert opinion arrives, the complainant should examine its factual premises and reasoning and ask for supplementation where it falls short.
3. What the doctor's side can do
The doctor can explain in a written opinion how the treatment proceeded and why each decision was made, and can submit a rebuttal to an unfavorable expert opinion. If mediation succeeds or a settlement is reached during the investigation, indictment may be restricted in a negligent injury case.
4. How the criminal case interacts with civil claims and mediation
- Successful mediation or a mediation record in an injury case : If the victim clearly states that they do not want the doctor punished, indictment is not possible (serious injury excluded).
- Expert opinions obtained during the investigation : These can be used as evidence in civil litigation or mediation.
- If the criminal case ends in "no charge" : This may weigh against the patient on negligence in the civil case, but it is not binding.
Frequently Asked Questions
How long does a medical accident criminal case usually take?
Can a doctor avoid punishment by settling even in a death case?
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Read more →Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.
Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026
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