Medical Malpractice Center · Procedure Guide

Medical Dispute Mediation:
Worth Considering Before a Lawsuit

At the Korea Medical Dispute Mediation and Arbitration Agency, medical experts and legal professionals jointly review the case and propose a mediation plan. Its time limits are set by law and its costs are relatively low, but the procedure ends if the other side does not participate, so you should choose it based on your case.

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Key Points

  • You must apply by whichever of two deadlines comes first: ten years from the end of the act that caused the harm, or three years from learning of the harm and the wrongdoer (Article 27(13) of the Act on Remedies for Injuries from Medical Accidents and Mediation of Medical Disputes (the “Medical Dispute Mediation Act”, 의료분쟁조정법)).
  • If the respondent does not reply within two weeks of receiving the application, it is dismissed. However, accidents involving the patient's death, unconsciousness for one month or more, or severe disability above a certain level start automatically (Article 27(8) and (9)).
  • The expert review is completed within 60 days and the mediation decision within 90 days of the start date, and each can be extended once by up to 30 days (Articles 29 and 33).
  • If no response is given within 15 days of receiving the decision, consent is deemed given, and a successful mediation has the same effect as a judicial settlement (Article 36).

1. The application stage

A party to the dispute or their representative applies. A representative may be a legal representative, a spouse, a lineal ascendant or descendant, a sibling, an officer or employee of a corporation or medical institution, or an attorney (Article 27(2)). A case already in litigation, or one that was filed with the Consumer Dispute Mediation Committee, is dismissed. The same applies if a lawsuit is filed after the mediation application (Article 27(3) and (7)).

2. How the procedure starts

  • General rule : The procedure starts if the other side gives notice within 14 days of receiving the application that it will participate; if it does not, the application is dismissed.
  • Automatic start : This applies to death, unconsciousness for one month or more, or severe disability as defined by Presidential Decree.
  • Objection to an automatic start : The other side may object within 14 days of receiving service (for example, if treatment or business was obstructed before the application, or if the application is clearly false).

3. From expert review to mediation decision

Within 60 days of the start of the procedure, the expert review panel prepares an expert report and sends it to the mediation panel. It covers the results of the fact-finding, whether there was negligence and a causal link, and the degree of permanent disability (Article 29). If the expert members disagree, the minority opinion is also recorded. Referring to this report, the mediation panel issues a mediation decision within 90 days of the start date (Article 33). Each of the two periods may be extended only once, by up to 30 days.

4. Effect of the decision and impact on criminal proceedings

  • You must state whether you consent within 15 days of receiving the mediation decision, and if you say nothing, you are deemed to have consented (Article 36(2)).
  • If both sides consent, the mediation is concluded and has the same effect as a judicial settlement (Article 36(3) and (4)). The same applies to a mediation record prepared by agreement during the procedure (Article 37).
  • Once mediation succeeds or a mediation record is prepared, a case of occupational negligence causing injury cannot be indicted if the victim has clearly stated that they do not want the doctor punished. Exceptions are injuries that endanger life or result in disability or an incurable or hard-to-cure illness (Article 51).

Frequently Asked Questions

What happens if the hospital does not take part in mediation?
Unless the case is a type that starts automatically, such as a death, the application is dismissed and that is the end of it. You would then need to turn to a civil lawsuit or a criminal complaint.
What if I am not satisfied with the mediation result?
If you give notice within 15 days that you do not consent, the mediation is not concluded, and you can pursue the matter in court. Be careful: if you say nothing within that period, you are treated as having consented.

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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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