Key Points
- Opening or operating a sham hospital (a hospital effectively run by a non-medical owner) is punishable by up to ten years in prison or a fine of up to KRW 100 million (Articles 33(2) and 87 of the Medical Service Act).
- Unlicensed medical practice, or having a non-medical person perform medical acts, is punishable by up to five years in prison or a fine of up to KRW 50 million, and the penalty is heavier if someone is injured (Articles 27 and 87-2).
- Giving or receiving kickbacks and falsely writing or intentionally altering medical records are punishable by up to three years in prison or a fine of up to KRW 30 million (Articles 23-5, 22(3) and 88).
- A sentence of imprisonment without labor or heavier (whether served, suspended, or with sentencing deferred) is a ground for disqualification as a medical professional and leads to license revocation. Occupational negligence causing death or injury during medical treatment is an exception (Articles 8 and 65).
Penalties at a glance
Below are the maximum penalties by type of violation. The court may impose either imprisonment or a fine, or both.
- Opening or operating a sham hospital : Up to ten years in prison, fine up to KRW 100 million (Articles 33(2) and 87)
- Practicing without a license, or entrusting treatment to a non-medical person : Up to five years in prison, fine up to KRW 50 million (Articles 27 and 87-2(2))
- Where the above acts injure or kill someone : Injury, up to seven years in prison, among other penalties; serious injury, three to ten years; death, life imprisonment or at least five years (Article 87-2(1))
- Lending, borrowing, or brokering a license : Up to five years in prison, fine up to KRW 50 million (Articles 4-3 and 87-2(2))
- Receiving kickbacks : Up to three years in prison, fine up to KRW 30 million, with confiscation or collection of the equivalent value of any gain (Article 23-5 and Article 88, subparagraph 2)
- Falsely writing or intentionally altering medical records : Up to three years in prison, fine up to KRW 30 million (Article 22(3) and Article 88, subparagraph 1)
- Disclosing patient secrets (punishable only upon the victim's complaint) : Up to three years in prison, fine up to KRW 30 million (Article 19 and Article 88, subparagraph 1)
- Refusing treatment or running prohibited medical advertising : Up to one year in prison, fine up to KRW 10 million (Articles 15(1), 56 and 89)
How disqualification and license sanctions work
| Provision | Who it applies to | Effect |
|---|---|---|
| Article 8, subparagraph 4 | A person sentenced to imprisonment without labor or heavier, for whom five years have not passed since the sentence was completed or remitted | Disqualified |
| Article 8, subparagraph 5 | A person for whom two years have not passed since the end of a suspended sentence of imprisonment without labor or heavier | Disqualified |
| Article 8, subparagraph 6 | A person within the period of a deferred sentence of imprisonment without labor or heavier | Disqualified |
| Article 65(1)1 | A person who falls under a ground for disqualification, except for offenses under Article 268 of the Criminal Act committed during medical treatment | Mandatory license revocation |
| Article 66(1) | Conduct damaging professional dignity, false entries in medical records, false claims, receiving kickbacks, etc. | License suspension for up to one year |
In the past, only certain crimes were grounds for disqualification, but now any sentence of imprisonment without labor or heavier is a ground, regardless of the offense. Even in a traffic accident or assault case unrelated to medicine, a suspended sentence (officially “suspension of execution of sentence”) or heavier can put your license at risk. In the end, whether the case can be closed with a fine is often the turning point for keeping your license.
Frequently Asked Questions
If I receive a suspended sentence for drunk driving (officially “driving while intoxicated”), will my medical license also be revoked?
If I lose my license, can I get it back?
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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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