Key Points
- If the hospital does not state within 14 days of receiving the application that it will participate, the case is dismissed. Accidents involving the patient's death, unconsciousness lasting one month or more, or severe disability above a certain level start automatically, and the hospital can only file an objection (Article 27 of the Act on Remedies for Injuries from Medical Accidents and Mediation of Medical Disputes (the “Medical Dispute Mediation Act”, 의료분쟁조정법)).
- A successful mediation has the effect of a judicial settlement, similar to a judgment (Article 36(4)), and in an injury case, criminal indictment may also be restricted (Article 51).
- Even presumed causation can be overturned if the hospital proves a separate cause (Supreme Court Decision 2022Da219427).
- The difficulty of the procedure, an illness the patient already had, and the risks of the disease itself are grounds for a liability limitation argument asking the court to reduce the hospital's liability.
Criteria for deciding whether to take part in mediation
- Speed and cost : The standard periods are 60 days for the expert review and 90 days for the mediation decision, each extendable once by 30 days, so it ends sooner than a lawsuit.
- Effect : Once an agreement is reached, it becomes final as a judicial settlement, so the same issue cannot be raised again.
- Criminal impact : In injury cases, a successful mediation restricts indictment (serious injury excluded).
- If you do not participate : After dismissal, the patient's side may move on to a lawsuit or a criminal complaint.
Defense arguments used in litigation
- No negligence · Emphasize the range of judgment allowed to doctors under the medical standards of the time and compliance with clinical guidelines.
- Rebutting the presumption · Even if causation is presumed because the patient proved probability, the presumption loses its force if you prove that the outcome came from a cause other than negligence in treatment.
- Proving the explanation was sufficient · Submit consent forms, consultation records, recordings of the explanation, and similar materials.
- Liability limitation and calculation of damages · Dispute the contribution of pre-existing conditions, life expectancy, and income records.
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
Is it legally disadvantageous not to take part in mediation?
Not participating carries no legal penalty in itself. However, it becomes more likely that the patient's side will turn to a criminal complaint or a lawsuit. Decide based on the nature and risk of the accident.
The patient has not paid the medical bills but filed a lawsuit first.
Unpaid medical fees can be claimed through a counterclaim or a separate lawsuit. Because this ties into the overall strategy for the case, consider the timing and method of the claim together.
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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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