Medical Malpractice Center · Case Type

Filing a Criminal Complaint Against Medical Staff:
What You Ask the Experts Matters Most

In criminal cases involving medical accidents, whether there was negligence is effectively decided by the expert opinion that investigative agencies request from outside specialists. The complainant must lay out the issues specifically so that they are reflected in the questions to the experts; only then is the negligence actually examined.

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Key Points

  • Causing injury or death through occupational negligence is punishable by imprisonment without labor for up to five years or a fine of up to KRW 20 million (Article 268 of the Criminal Act).
  • In an injury case where medical dispute mediation succeeded or a mediation record was prepared, no indictment may be brought if the victim states 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 of the Act on Remedies for Injuries from Medical Accidents and Mediation of Medical Disputes (the “Medical Dispute Mediation Act”, 의료분쟁조정법)).
  • Falsely writing medical records or intentionally altering them contrary to the facts is punishable by up to three years in prison or a fine of up to KRW 30 million (Articles 22(3) and 88 of the Medical Service Act).
  • Even if a doctor receives a sentence of imprisonment without labor or heavier for occupational negligence causing death or injury during medical treatment, this is excluded from mandatory license revocation (proviso to Article 65(1)1 of the Medical Service Act).

Points to check before writing the complaint

  • Which act at what point is the problem, and what treatment was not given at that time
  • The medical pathway by which that act led to the outcome
  • Where the content of the medical records differs from what actually happened (parts suspected of being altered)
  • Differences between the oral explanation and the content of the consent form

How the investigation proceeds

Investigative agencies seize or obtain the medical records from the hospital and then request an expert opinion from an outside body such as the Korea Medical Dispute Mediation and Arbitration Agency or a university hospital. Because the expert opinion effectively sets the direction of the case, the complainant should submit a written opinion asking that the key issues be included in the questions put to the experts.

If you suspect the medical records were tampered with

The Medical Service Act requires that, when medical records are supplemented or corrected, the original before the change be kept as well (Article 22(2)), and it prohibits false entries and intentional alteration (Article 22(3)). The access and change logs stored in electronic medical records are important evidence. Tampering with records is punished separately from occupational negligence causing death or injury.

What changes after May 27, 2027 · Once the amended Medical Dispute Mediation Act takes effect, anyone who opens a hospital must carry liability insurance (amended Article 47). If a patient dies or another serious accident occurs, the medical institution must explain what happened to the patient's side within seven days of learning of it (amended Article 5-2). The Medical Accident Review Committee will review whether the treatment was high-risk essential medical care and whether there was gross negligence, and new provisions will allow sentences to be reduced or waived and indictment to be restricted where the requirements are met. Read more about the amendments →

Frequently Asked Questions

Does a criminal complaint also help in a civil case?
Expert opinions and records produced during the investigation can also be used as evidence in a civil case, which is useful. On the other hand, if the result is a "no charge" decision, it may work against you in the civil case, so choose carefully.
If the doctor is punished, will their medical license be taken away?
Under the Medical Service Act, a sentence of imprisonment without labor or heavier is, in principle, a ground for disqualification and license revocation. However, a sentence for occupational negligence causing death or injury during medical treatment is excluded from mandatory revocation (proviso to Article 65(1)1).

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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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