Medical Malpractice Center · Case Type

If You Are a Medical Professional Facing a Complaint,
Show Through the Records That Your Care Was Sound

A bad outcome alone does not amount to negligence. You can clear yourself of the allegations by proving, with records and medical evidence, that your judgment and treatment were reasonable under the medical standards of the time and that the outcome had another cause.

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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).
  • Negligence is judged not by whether the outcome was good or bad but by whether the doctor met the duty of care required under the clinical medical standards of the time.
  • In injury cases, indictment may be restricted where, for example, medical dispute mediation succeeds (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).
  • Never alter the medical records. False entries or intentional alteration are punished separately (up to three years in prison or a fine of up to KRW 30 million) and are grounds for license suspension.

Order of defense

  1. Leave the originals as they areTouching the records after an accident exposes you to criminal punishment under Articles 22(3) and 88 of the Medical Service Act and license suspension under Article 66(1)3, and is read as circumstantial evidence admitting negligence.
  2. Reconstruct the course of treatmentOrganize, in chronological order and based on the records, how the patient's condition changed and the judgments and treatment made in response.
  3. Medical supportShow that your judgment at the time was reasonable using clinical guidelines, textbooks, and papers, and submit an expert opinion if needed.
  4. Present other causesArgue other factors that explain the outcome, such as underlying illness, the patient's unusual constitution, or unavoidable complications.
  5. Respond to the expert opinionRebut the questions and findings of the expert opinion in a written opinion, or request a supplementary review.

Impact on your license

Under the Medical Service Act, a person who received a prison sentence of imprisonment without labor or heavier and for whom five years have not passed since the sentence was served, among others, cannot be a medical professional (Article 8, subparagraphs 4 to 6), and if such a ground arises, the license is revoked. However, where the ground arises from committing an offense under Article 268 of the Criminal Act during medical treatment, it is excluded from mandatory revocation (proviso to Article 65(1)1). If other violations such as false entries in medical records are added, the outcome may change, so take care not to widen the case.

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

I hear the patient's family filed a complaint against me with the police. What should I do first?
Preserve the medical records exactly as they are, and write down the course of events separately while your memory is fresh. Before responding to police questioning, it is important to review the records and organize the basis for your treatment and the issues in dispute.
Does agreeing to mediation mean admitting negligence?
Taking part in mediation does not in itself mean admitting negligence. Moreover, a successful mediation in an injury case generally has the effect of restricting indictment, so it is worth considering strategically.

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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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