ACT ON REMEDIES FOR INJURIES FROM MEDICAL ACCIDENTS AND MEDIATION OF MEDICAL DISPUTES
Act No. 10566, Apr. 7, 2011
Amended by Act No. 11141, Dec. 31, 2011
Act No. 14221, May 29, 2016
Act No. 14698, Mar. 21, 2017
Act No. 15896, Dec. 11, 2018
Act No. 17212, Apr. 7, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promptly and fairly redress injuries caused by medical malpractice and create a stable environment for medical services of public health or medical professionals by providing for matters regarding the mediation and arbitration of medical disputes.
The terms used in this Act are defined as follows: <Amended on Dec. 11, 2018>
| 1. | The term "medical malpractice" means a case in which any harm is inflicted upon a person's life, body, or property by diagnosis, examination, treatment, prescription or preparation of medicines, or other practices (hereinafter referred to as "medical conduct, etc.") conducted for a patient by a public health or medical professional (including persons permitted to provide such services pursuant to the proviso of Article 27 (1) of the Medical Service Act or the proviso to Article 23 (1) of the Pharmaceutical Affairs Act); |
| 2. | The term "medical dispute" means a dispute arising in connection with medical malpractice; |
| 5. | The term "operator of a public health or medical institution" means a person who runs a medical institution under the Medical Service Act, a person who runs a pharmacy under the Pharmaceutical Affairs Act, the head of the Korea Orphan and Essential Drug Center, the head of a Si (including an Administrative City Mayor under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), Gun, or Gu (referring to an autonomous Gu; hereinafter the same shall apply) who runs a public health clinic, public health and medical care center, or public health branch clinic under the Regional Public Health Act or a public health infirmary under the Act on Special Measures for Health and Medical Services in Agricultural and Fishing Villages; |
| 6. | The term "public health or medical professional associations, and public health or medical institution associations" means medical practitioner associations and medical institution associations established pursuant to the Medical Service Act, the Korean Pharmaceutical Association, and the Association of Korean Oriental Pharmacy established pursuant to the Pharmaceutical Affairs Act. |
| Article 3 (Scope of Application) |
This Act shall also apply to cases where a person who is not a national of the Republic of Korea claims against a public health or medical institution for medical malpractice.
| Article 4 (Principle of Good Faith) |
The Korea Medical Dispute Mediation and Arbitration Agency under Article 6 shall endeavor to ensure that mediation or arbitration proceedings are conducted in a prompt, fair, and efficient manner, and parties to a dispute shall attend proceedings in good faith with mutual trust and understanding when they participate in mediation or arbitration proceedings.
| Article 5 (Responsibilities of the State, Operators of Public Health or Medical Institutions, and Public Health or Medical Professionals) |
| (1) | In order to prevent medical malpractice, the State shall prepare legal and institutional grounds for survey and research, the preparation and announcement of statistics, education, the development of guidelines, etc. |
| (2) | In order to prevent medical malpractice, an operator of each public health or medical institution and each public health or medical professional shall ensure to maintain facilities, equipment, and human resources with no defect and shall fulfill his or her duty of care in management as necessary. |
| (3) | Any operator of a public health or medical institution specified by the Minister for Health and Welfare shall establish and operate a committee on the prevention of medical malpractice and shall take other necessary measures to prevent medical malpractice. |
| (4) | The Minister for Health and Welfare may take measures to facilitate the participation in mediation to address medical disputes in a prompt, fair, and efficient manner. <Newly Inserted on Dec. 11, 2018> |
| (5) | The organization and operation of the committee on the prevention of medical malpractice under paragraph (3) and other necessary matters shall be prescribed by Ordinance of the Ministry for Health and Welfare. <Amended on Dec. 11, 2018> |
CHAPTER II KOREA MEDICAL DISPUTE MEDIATION AND ARBITRATION AGENCY
| Article 6 (Establishment of Korea Medical Dispute Mediation and Arbitration Agency) |
| (1) | In order to settle medical disputes in a prompt, fair, and efficient manner, the Korea Medical Dispute Mediation and Arbitration Agency (hereinafter referred to as the "Mediation and Arbitration Agency") shall be established. |
| (2) | The Mediation and Arbitration Agency shall be a legal entity. |
| (3) | The Mediation and Arbitration Agency may establish branches wherever necessary, as prescribed by Presidential Decree. |
| (4) | The Mediation and Arbitration Agency shall be duly formed when it completes the registration of its establishment with the registry office having jurisdiction over its principal place of business. |
| Article 7 (Articles of Incorporation) |
| (1) | The Mediation and Arbitration Agency shall stipulate the following matters in its articles of association: |
| 3. | Matters regarding its principal place of business and branches; |
| 4. | Matters regarding executive officers and employees; |
| 5. | Matters regarding the operation of the board of directors; |
| 6. | Matters regarding the Medical Dispute Mediation and Arbitration Committee under Article 19; |
| 7. | Matters regarding the Medical Malpractice Appraisal Board under Article 25; |
| 8. | Matters regarding advances for damages under Article 47; |
| 9. | Matters regarding its business and execution thereof; |
| 10. | Matters regarding property and accounting; |
| 11. | Matters regarding the amendment of articles of incorporation; |
| 12. | Matters regarding the enactment, amendment, and repeal of internal regulations; |
| 13. | Other matters prescribed by Ordinance of the Ministry for Health and Welfare. |
| (2) | When the Mediation and Arbitration Agency intends to amend its articles of association, it shall obtain approval from the Minister for Health and Welfare thereof. |
| Article 8 (Business Affairs) |
The Mediation and Arbitration Agency shall conduct the following business affairs:
| 1. | Mediation, arbitration, and counseling of medical disputes; |
| 2. | Appraisal of medical malpractice cases; |
| 4. | Research on systems and polices, the preparation of statistics, education, and public relations activities with regard to medical disputes; |
| 5. | Other business affairs specified by Presidential Decree with regard to medical disputes. |
| Article 9 (Prohibition of Use of Similar Names) |
No person who is not the Korea Medical Dispute Mediation and Arbitration Agency under this Act shall use the name "Korea Medical Dispute Mediation and Arbitration Agency" or any similar name.
| Article 10 (Executive Officers and Term of Office) |
| (1) | The Mediation and Arbitration Agency shall have not more than nine directors, including the president of the Mediation and Arbitration Agency (hereinafter referred to as "president"), chairperson of the Medical Dispute Mediation and Arbitration Committee under Article 19 (hereinafter referred to as "chairperson"), and a chief appraiser of the Medical Malpractice Appraisal Board under Article 25 (hereinafter referred to as "chief appraiser"), and one auditor. |
| (2) | The president shall serve as a standing executive officer, while other executive officers shall be non-standing. |
| (3) | The president shall be appointed by the Minister for Health and Welfare from among persons with extensive knowledge of and experience in the mediation of medical disputes. |
| (4) | Directors shall be commissioned by the Minister for Health and Welfare at the request of president from among persons with extensive knowledge of and experience in mediation of medical disputes. |
| (5) | An auditor shall be commissioned by the Minister for Health and Welfare. |
| (6) | The term of office for each executive officer shall be three years, but no executive officer may be reappointed for a further term of office. |
| Article 11 (Duties of Executive Officers) |
| (1) | The president shall represent the Mediation and Arbitration Agency and administer all business affairs of the Mediation and Arbitration Agency. |
| (2) | If the president is unable to perform his or her duties due to an unavoidable cause or event, the chairperson shall act on behalf of the president. |
| (3) | The chairperson shall administer all business affairs of the Medical Dispute Mediation and Arbitration Committee under the command of the president, and a chief appraiser shall administer all business affairs of the Medical Malpractice Appraisal Board under the command of the president. |
| (4) | If both the president and chairperson are unable to perform their duties due to an unavoidable cause or event, a chief appraiser or other director shall act on their behalf in the order stipulated by its articles of incorporation. |
| (5) | An auditor shall audit business and accounting of the Mediation and Arbitration Agency. |
| Article 12 (Grounds for Disqualification of Executive Officers) |
No person falling under any of the following subparagraphs shall be qualified for an executive officer of the Mediation and Arbitration Agency:
| 1. | A person who is not a national of the Republic of Korea; |
| Article 13 (Board of Directors) |
| (1) | The Mediation and Arbitration Agency shall have a board of directors to deliberate on, and resolve, important matters regarding business affairs and the operation of the Mediation and Arbitration Agency. |
| (2) | The board of directors shall be comprised of the president, chairperson, chief appraiser, and other directors. |
| (3) | The president shall convene a directors' meeting and shall preside over the meeting. |
| (4) | The auditor may attend a meeting of the board of directors and state his or her opinion. |
| (5) | A directors' meeting shall adopt a resolution with the attendance of a majority of incumbent members and by the affirmative vote of a majority of members present at the meeting. |
| (6) | Matters necessary for the organization and operation of the board of directors shall be prescribed by Presidential Decree. |
The Mediation and Arbitration Agency may establish a secretariat to manage the administrative affairs. <Amended on May 29, 2016>
| Article 15 (Financial Resources) |
| (1) | Expenses necessary for the establishment, operation, and business affairs of the Mediation and Arbitration Agency shall be covered with the following financial resources: |
| 1. | Contributions from the Government; |
| 2. | Revenues from the operation of the Mediation and Arbitration Agency. |
| (2) | The Government shall provide contributions necessary for covering expenses of the Mediation and Arbitration Agency within budget. |
| (3) | Matters necessary for the payment and use of the Government's contributions under paragraph (2) shall be prescribed by Presidential Decree. |
| (1) | The Minister for Health and Welfare shall guide and supervise the Mediation and Arbitration Agency and may issue an instruction or order to the Mediation and Arbitration Agency in regard to its business. |
| (2) | The Mediation and Arbitration Agency shall prepare a business plan and a budget every year for approval from the Minister for Health and Welfare and then prepare a report on the settlement of accounts along with an auditor's letter of opinions thereon and submit them to the Minister for Health and Welfare. Matters necessary for the procedure for approval and reporting in such cases shall be prescribed by Ordinance of the Ministry for Health and Welfare. |
| (3) | The Minister for Health and Welfare may require the Mediation and Arbitration Agency to report matters regarding its business, accounting, and property or may audit such matters. |
| Article 17 (Legal Fiction as Public Officials in Applying Penalty Provisions) |
Executive officers and employees of the Mediation and Arbitration Agency, mediators of the Medical Dispute Mediation and Arbitration Committee and persons who support the business affairs of the Medical Dispute Mediation and Arbitration Committee under Article 19, and appraisers and investigators of the Medical Malpractice Appraisal Board under Article 25 shall be construed as public officials in applying Articles 129 through 132 of the Criminal Act. <Amended on Dec. 11, 2018>
| Article 18 (Application Mutatis Mutandis of Civil Act) |
Except as provided in this Act, the provisions regarding incorporated foundations in the Civil Act shall apply mutatis mutandis to the Mediation and Arbitration Agency.
SECTION 2 Medical Dispute Mediation and Arbitration Committee
| Article 19 (Establishment of Medical Dispute Mediation and Arbitration Committee) |
| (1) | The Mediation and Arbitration Agency shall have the Medical Dispute Mediation and Arbitration Committee (hereinafter referred to as the "Mediation Committee") to mediate or arbitrate medical disputes. |
| (2) | The Mediation Committee shall deliberate on, and resolve, the following matters: |
| 1. | Matters regarding the organization of a mediation panel under Article 23; |
| 2. | Matters regarding the enactment, amendment, and repeal of rules governing proceedings of the Mediation Committee; |
| 3. | Other matters that the chairperson brings to the Mediation Committee for deliberation. |
| Article 20 (Composition and Operation of Mediation Committee) |
| (1) | The Mediation Committee shall be comprised of the chairperson and mediators of at least 100 but not exceeding 300 persons, all of whom shall be non-standing members: Provided, That it may have standing mediators to prepare mediation statements under Article 37 (2). <Amended on May 29, 2016> |
| (2) | The president shall appoint or commission mediators from among persons who fall under any of the following subparagraphs: <Amended on Apr. 7, 2020> |
| 1. | Judges, public prosecutors, or qualified attorneys-at-law (at least two persons with extensive knowledge of and experience in legal systems of foreign countries shall be included herein); |
| 2. | Persons recommended by public health or medical professional associations or public health or medical institution associations, among persons with extensive knowledge of and experience in public health and medical services (at least two persons with extensive knowledge of and experience in public health and medical services in foreign countries shall be included herein); |
| 4. | Persons who serve or have served as an associate or higher-ranking professor or with an equivalent position in a university or an officially recognized research institute, but who are not public health or medical professionals. |
| (3) | The chairperson shall be commissioned by the Minister for Health and Welfare at the request of the president, from among persons who are qualified under any subparagraph of paragraph (2). |
| (4) | If the chairperson is unable to perform his or her duties due to an unavoidable cause or event, the mediator designated by the chairperson shall act on behalf of the chairperson. |
| (5) | The term of office for each mediator shall be three years, but a mediator may be reappointed for a further term of office consecutively. |
| (6) | The Mediation Committee shall adopt a resolution with the attendance of a majority of incumbent members at a meeting and by the affirmative vote of a majority of members present at the meeting. |
| (7) | Matters necessary for the organization and operation of the Mediation Committee shall be prescribed by Presidential Decree. |
| Article 21 (Grounds for Disqualification of Mediators) |
| Article 22 (Guarantee of Status of Mediators) |
| (1) | Every mediator shall perform his or her duties independently and shall not be bound by any instruction with regard to examination and judgment on a medical dispute. |
| (2) | Except for any of the following cases, no mediator shall be removed or dismissed from his or her office against his or her will: |
| 2. | If a mediator is unable to perform his or her duties due to a physical or mental disorder. |
| Article 23 (Mediation Panel) |
| (1) | The Mediation Committee may establish a mediation panel comprised of five mediators for each sector, for each target, or for each region in order to perform the business affairs of the Mediation Committee efficiently. |
| (2) | The head of a mediation panel shall be appointed by the chairperson, from among mediators who are judges, public prosecutors, or qualified attorneys-at-law. |
| (3) | A mediation panel shall be comprised of two persons among persons who fall under Article 20 (2) 1 (including one person who is currently serving as a judge, or who had previously served as a judge for at least 10 years) and one person each from among persons who fall under each of subparagraphs 2 through 4. <Amended on May 29, 2016> |
| (4) | A mediation panel shall adopt a resolution at a meeting with the attendance of a majority of mediators, including the head of the mediation panel, and by the affirmative vote of a majority of mediators present at the meeting. |
| (5) | A mediation panel shall conduct the following business affairs: |
| 1. | Decision-making on mediation or arbitration of medical disputes; |
| 2. | Determination of damages for medical malpractice cases; |
| 3. | Preparation of mediation statements; |
| 4. | Other matters prescribed by Presidential Decree. |
| (6) | A decision made by a mediation panel pursuant to paragraph (4) shall be deemed a decision made by the Mediation Committee. |
| (7) | Attorneys-at-law and other persons specified by Presidential Decree may be retained to support the business affairs of the Mediation Committee. <Amended on Dec. 11, 2018> |
| (8) | Matters necessary for the composition and operation of a mediation panel shall be prescribed by Presidential Decree. |
| Article 24 (Exclusion of Mediators) |
| (1) | If a mediator falls under any of the following subparagraphs, he or she shall be excluded from the performance of duties as a mediator: Provided, That in cases falling under any of subparagraphs 5 through 7, the same shall apply only when a mediator has experience of working for the relevant public health or medical institution, legal entity, or organization, within 10 years from the date of a request for mediation: <Amended on May 29, 2016> |
| 1. | If a mediator, him or herself, or a person who is or was his or her spouse is a party to the dispute currently on mediation (hereafter referred to as "instant case" in this Article); |
| 2. | If a mediator is or was a relative to a party to the instant case; |
| 3. | If a mediator presented a statement or expert opinion with regard to the instant case; |
| 4. | If a mediator is or was involved in the instant case as the representative of a party; |
| 5. | If a mediator works or has worked for the public health or medical institution in which the instant case arose; |
| 6. | If a mediator works or has worked for a legal entity or an organization identical or de facto identical with the public health or medical institution in which the instant case arose; |
| 7. | If a mediator works or has worked for a public health or medical institution that belongs to a legal entity or an organization identical or de facto identical with the public health or medical institution in which the instant case arose. |
| (2) | If there is a ground to exclude a mediator from the mediation of a case, the mediation panel to which the mediator belongs shall rule to exclude the mediator ex officio or upon the mediator's application. |
| (3) | If a party to a case has a ground to believe that it is impractical to expect impartial performance of duties from a mediator in charge of mediation of the case, the party may file a challenge against the mediator with the mediation panel for the case. |
| (4) | The decision on a challenge shall be made by the mediation panel designated by the chairperson of the Mediation Committee, and neither the mediator at issue nor party shall protest against the decision. |
| (5) | If a mediator falls under paragraph (1) or (3), he or she may be exempt from the performance of his or her duties in the instant case without permission from the mediation panel. |
| (6) | In receipt of a challenge under paragraph (3), the mediation panel to which the mediator at issue belongs shall suspend mediation proceedings until a decision is made on the challenge. |
| (7) | Paragraphs (1) through (6) shall apply mutatis mutandis to persons who support the business affairs of the Mediation Committee pursuant to Article 23 (7) and appraisers and investigators under Article 26. <Amended on Dec. 11, 2018> |
SECTION 3 Medical Malpractice Appraisal Board
| Article 25 (Establishment of Medical Malpractice Appraisal Board) |
| (1) | The Mediation and Arbitration Agency shall establish a Medical Malpractice Appraisal Board (hereinafter referred to as the "Appraisal Board") to settle medical disputes in a prompt and fair manner. |
| (2) | The Appraisal Board shall be comprised of at least 100 but not exceeding 300 appraisers, and a chief appraiser shall be a non-standing executive officer who shall be commissioned by the Minister for Health and Welfare at the request of the president from among persons with extensive knowledge of and experience in public health and medical services. <Amended on May 29, 2016> |
| (3) | The Appraisal Board shall conduct the following business activities: |
| 1. | Investigation of facts necessary for the mediation or arbitration of medical disputes; |
| 2. | Discovery as to whether medical conduct was negligent and whether a causal relationship exists; |
| 3. | Investigation of whether a residual impairment remains; |
| 4. | Appraisal of medical malpractice cases requested by other agencies. |
| (4) | Where it is deemed necessary to seek the opinions, medical advice, etc. of an expert to ensure fair and accurate appraisal in any appraisal case, a chief appraiser may commission a relevant expert as an adviser. <Newly Inserted on May 29, 2016> |
| Article 26 (Appraisal Panel) |
| (1) | The Appraisal Board may establish an appraisal panel comprised of standing and non-standing appraisers for each sector, for each target, or for each region in order to carry out its business affairs efficiently. |
| (2) | An appraiser shall be appointed or commissioned by the president with recommendation of the Appraiser Recommendation Committee comprised of nine members (hereinafter referred to as the "Recommendation Committee") from among any of the following persons: <Amended on May 29, 2016; Dec. 11, 2018> |
| 1. | A person who has been qualified as a medical specialist for at least two years or a person who has been qualified as a dentist or an oriental medical doctor for at least six years; |
| 2. | A person who has been qualified as an attorney-at-law for at least four years; |
| 3. | A person who has been qualified or licensed as equivalent to subparagraph 1 or 2 by a foreign authority for at least five years; |
| (3) | A member of the Recommendation Committee shall be commissioned by the president from among the following persons. In such cases, three members shall be commissioned from among persons who fall under subparagraph 1, and two members shall be commissioned each from among persons who fall under each provision of subparagraphs 2 through 4: |
| 1. | A judge, public prosecutor, or qualified attorney-at-law recommended by the National Court Administration, the Ministry of Justice, or the Korean Bar Association; |
| 2. | A person recommended by a public health or medical professional association or a public health or medical institution association, among persons with extensive knowledge of and experience in public health and medical services; |
| 4. | A person recommended by the Korean University Education Council, among persons who serve or have served as an assistant or higher-ranking professor (excluding public health or medical professionals). |
| (4) | The chairperson of the Recommendation Committee shall be elected by and from among Committee members. |
| (5) | A meeting of the Recommendation Committee shall adopt a resolution with the attendance of a majority of incumbent members at a meeting and by the affirmative vote of a majority of members present at the meeting. |
| (6) | The term of office for an appraiser shall be three years, but an appraiser may be reappointed for a further term of office consecutively. |
| (7) | The full number of appraisers in each appraisal panel shall be comprised of the following persons: <Amended on May 29, 2016; Dec. 11, 2018> |
| 1. | Persons who fall under paragraph (2) 1 or 3 (limited to persons who are qualified or licensed by a foreign authority as a medical specialist, dentist, or oriental medical doctor): Two persons; |
| 2. | Persons who fall under paragraph (2) 2 or 3 (limited to persons who are qualified as an attorney-at-law by a foreign authority): Two persons (one person who serves or has served as a public prosecutor for at least four years shall be included herein); |
| 3. | A person who falls under paragraph (2) 4: One person. |
| (8) | A majority of the members of an appraisal panel shall constitute a quorum, and any decision thereof shall require the concurring vote of all those present. In such cases, at least one member under each subparagraph of paragraph (7) shall be present, respectively. <Newly Inserted on Dec. 11, 2018> |
| (9) | The head of an appraisal panel shall be appointed by a chief appraiser from among persons who fall under paragraph (2) 1. <Amended on Dec. 11, 2018> |
| (10) | Each appraisal panel shall have at least one standing appraiser. <Amended on Dec. 11, 2018> |
| (11) | Each appraiser shall perform his or her duties independently and shall not be bound by any instruction in regard to appraisal of medical malpractice cases. <Amended on Dec. 11, 2018> |
| (12) | Articles 21 and 22 (2) shall apply mutatis mutandis to appraisers. |
| (13) | Investigators may be appointed from among physicians, dentists, oriental medical doctors, pharmacists, oriental pharmacists, nurses, and other persons specified by Presidential Decree in order to support the business affairs of an appraisal panel. <Amended on Dec. 11, 2018> |
| (14) | Matters necessary for the composition and operation of the Recommendation Committee and the organization and operation of appraisal panels shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2018> |
CHAPTER III MEDIATION AND ARBITRATION OF MEDICAL DISPUTES
| Article 27 (Request for Mediation) |
| (1) | A party to a medical dispute (hereinafter referred to as "dispute") or his or her representative may file a request for mediation of the dispute, with the Mediation and Arbitration Agency, as prescribed by Ordinance of the Ministry for Health and Welfare. <Amended on May 29, 2016> |
| (2) | A party to a dispute may appoint any of the following persons as his or her representative: Provided, That a person prescribed in subparagraph 4 may be appointed as a representative only if the party has no person falling under subparagraph 1 or is falling under the cases prescribed by Ordinance of the Ministry of Health and Welfare, for foreigners, etc.: <Amended on May 29, 2016> |
| 1. | The legal representative, spouse, lineal ascendant or descendent, or sibling of the party; |
| 2. | An executive officer or employee of the legal entity or public health or medical institution which is the party; |
| 4. | A person to whom power of attorney is granted by the party in writing. |
| (3) | If a request for mediation filed under paragraph (1) falls under any of the following cases, the president shall reject the request: Provided, That the same shall not apply where a lawsuit referred to in subparagraph 1 or a request for mediation referred to in subparagraph 2 is voluntarily withdrawn or rejected before a request for mediation is received: <Amended on May 29, 2016> |
| 1. | Where a lawsuit has already been filed with a court in regard to the dispute brought for mediation; |
| 3. | Where is obvious that the request for mediation itself is not for medical malpractice. |
| (4) | In receipt of a request for mediation, the president shall notify the Mediation Committee and the Appraisal Board thereof, respectively, and shall serve the request for mediation on the counterpart (hereinafter referred to as “respondent”) of the person who has filed the request for mediation (hereinafter referred to as “claimant”). <Amended on May 29, 2016> |
| (5) | In receipt of the notice of a request for mediation under paragraph (4), the chairperson shall designate the competent mediation panel and shall assign the case to it without delay. |
| (6) | In receipt of the notice of a request for mediation under paragraph (4), a chief appraiser shall designate the competent appraisal panel and shall assign the case to it without delay. |
| (7) | In any of the following cases, the chairperson or chief appraiser shall notify the president of relevant facts without delay. In such cases, the president shall reject the request for mediation: |
| 1. | Where the claimant fails to respond to an investigation or refuses to make an appearance at least two times; |
| 3. | Where a lawsuit is filed after the request for mediation is filed. |
| (8) | Mediation proceedings shall commence when the respondent on whom a request for mediation is served pursuant to paragraph (4) notifies the Mediation and Arbitration Agency of his or her intention to accede to mediation. If the respondent fails to notify the Mediation and Arbitration Agency of his or her intention to accede to mediation within 14 days from the day on which the request for mediation is served, the president shall dismiss such request for mediation without prejudice. |
| (9) | Notwithstanding paragraph (8), the president shall commence the procedures for mediation without delay when medical malpractice for which a request for mediation has been filed under paragraph (1) results in death or any of the following conditions. In such cases, the date the respondent is served with the request for mediation shall be deemed the commencement date of the mediation procedures: <Newly Inserted on May 29, 2016; Dec. 11, 2018> |
| 1. | Unconsciousness for at least one month; |
| (10) | Where the procedures for mediation referred to in paragraph (9) is commenced, in any of the following cases, the respondent served with the request for mediation may file an objection to the commencement of the mediation procedures, with the chairperson within 14 days from the date of his or her receipt of the request: <Newly Inserted on May 29, 2016> |
| 2. | Where it is clear that the request for mediation has been filed by false or on false factual grounds; |
| 3. | In other cases prescribed by Ordinance of the Ministry of Health and Welfare. |
| (11) | The chairperson, in receipt of an objection filed under paragraph (10), shall take measures classified as follows, within seven days from the date such objection is filed: <Newly Inserted on May 29, 2016> |
| 1. | Where the objection is found to have no grounds: A decision to dismiss the objection shall be made, and the result of such decision shall be notified to the respondent who has filed the objection without delay; |
| 2. | Where the objection is found to be well grounded: the relevant facts shall be notified to the president, and the president shall reject the relevant request for mediation. |
| (12) | When a request for mediation is rejected pursuant to paragraph (7), (8), or (11) 2, the president shall notify the chairperson and chief appraiser thereof without delay. <Amended on May 29, 2016> |
| (13) | A request for mediation for a dispute referred to in paragraph (1) shall be filed within any of the following periods, as relevant: <Amended on May 29, 2016> |
| 1. | Ten years from the date the act that resulted in medical malpractice ceases to occur; |
| 2. | Three years from the date a victim or his or her legal representative becomes aware of the relevant injury and the wrongdoer. |
| (14) | If it is obvious that a claimant designated a person wrongly as a respondent, the competent mediation panel may decide to permit the claimant to correct the respondent upon the claimant's application. <Amended on May 29, 2016> |
| (15) | Where a decision to permit a correction under paragraph (14) is made, a request for mediation against the new respondent shall be deemed filed when the application for correction referred to in paragraph (14) is filed, while the request for mediation against the previous respondent shall be deemed rejected when the application for correction is filed. <Amended on May 29, 2016> |
| Article 28 (Investigation of Medical Malpractice Cases) |
| (1) | If an appraisal panel deems it necessary for the appraisal of medical malpractice, it may require a claimant, respondent, interested party to a dispute, or reference witness (hereinafter referred to as “parties to mediation, etc.”) to make an appearance to make statements or may demand such person to submit data and goods necessary for investigation. <Amended on May 29, 2016> |
| (2) | An appraisal panel may demand a public health or medical professional of the public health or medical institution in which medical malpractice has arisen or the operator of a public health or medical institution to explain, in writing or orally, the conditions of the patient when the acts that resulted in malpractice were conducted and the reasons why he or she selected to conduct such acts. |
| (3) | An appraiser or investigator may enter the public health or medical institution in which a medical malpractice case arose and investigate, inspect, or photocopy relevant documents or goods. In such cases, an appraiser or investigator shall carry identification indicating his or her authority and show it to relevant persons. |
| (4) | Where an appraiser or investigator intends to conduct an investigation, inspection, or photocopying prescribed in paragraph (3), the relevant reasons, the date, and other details shall be notified in writing to the relevant public health or medical institution by no later than seven days: Provided, That the same shall not apply in urgent cases or where it is deemed that the intended objectives cannot be achieved due to the destruction of evidence, etc., when a prior notification is made. <Newly Inserted on May 29, 2016> |
| (5) | In receipt of request made by the Mediation and Arbitration Agency in relation to the investigation of medical malpractice as provided for by paragraphs (1) through (3), each public health or medical institution, a public health or medical professional of the public health or medical institution, the operator of the public health or medical institution, parties to mediation, etc. shall comply with such request, in the absence of good cause. <Newly Inserted on May 29, 2016> |
| Article 28-2 (Hearing of Opinions of Appraisers) |
Where causes of medical malpractices are related to at least two medical departments, an appraisal panel shall hear the opinions of the appraisers or advisers in charge of the relevant medical departments to conduct an accurate appraisal.
[This Article Newly Inserted on Dec. 11, 2018]
| Article 29 (Appraisal Statement) |
| (1) | An appraisal panel shall prepare an appraisal statement stating the results of appraisal of medical malpractice within 60 days from the date the procedures for mediation are commenced, and forward it to the competent mediation panel. <Amended on May 29, 2016> |
| (2) | Notwithstanding the provisions of paragraph (1), an appraisal panel may extend the period by 30 days only once, if the appraisal panel deems it necessary. In such cases, it shall notify the competent panel of the grounds for the extension and the deadline clearly. |
| (3) | An appraisal statement referred to in paragraph (1) shall state the details and outcomes of fact-finding investigations, whether medical conduct was negligent and whether a causal relationship exists, the degree of residual impairments, and other matters specified by Presidential Decree, and the head and appraisers of the competent appraisal panel shall print their names on and affix their seals or signatures onto such appraisal statement. |
| (4) | Where appraisers have different opinions in the course of deciding on the appraisal results under Article 26 (8), the appraiser statement shall also include minority opinions of the appraisers. <Newly Inserted on Dec. 11, 2018> |
| Article 30 (Statement of Opinion) |
| (1) | A mediation panel shall permit a claimant, respondent, or interested party to a dispute to make an appearance before the mediation panel and make statements. |
| (2) | In receipt of a request from a mediation panel, appraisers who belong to an appraisal panel shall attend the competent mediation panel and explain the results of appraisal of the instant case, and the mediation panel may demand the appraisers to reappraise such case with the grounds and the deadline therefor clearly specified, by the affirmative vote of a majority of the mediators. <Amended on Dec. 11, 2018> |
| (3) | In receipt of a demand from a mediation panel for reappraisal pursuant to paragraph (2), a chief appraiser shall organize a new appraisal panel, which shall be comprised of appraisers who have never participated in proceedings of the previous appraisal. |
| (4) | If necessary for an appraisal panel newly organized pursuant to paragraph (3) to conduct an appraisal, it may ask public health or medical professionals who do not belong to the Mediation and Arbitration Agency to give advice. |
| Article 31 (Date of Appearance) |
| (1) | Parties to a dispute shall be notified of the date of appearance. |
| (2) | Notification of the date of appearance shall be given by serving a summons or by other reasonable means. |
| Article 32 (Closed Mediation Proceedings) |
No mediation proceedings by a mediation panel shall be open to the public: Provided, That proceedings may be open to the public, if the mediation panel resolves to do so by the affirmative vote of a majority of mediators.
| Article 33 (Mediation Decisions) |
| (1) | A mediation panel shall make a mediation decision within 90 days from the date the procedures for mediation of the relevant case are commenced. <Amended on May 29, 2016> |
| (2) | Notwithstanding paragraph (1), a mediation panel may extend the period by 30 days only once, if the mediation panel deems it necessary. In such cases, the claimant shall be notified thereof with the grounds and the deadline therefor clearly specified. |
| (3) | A mediation panel shall take into consideration the competent appraisal panel's opinions of appraisal in making a mediation decision. |
| Article 33-2 (Summary Mediation) |
| (1) | Where a case for which a request for mediation has been filed falls under any of the following subparagraphs, a mediation panel may mediate according to the proceedings prescribed by Presidential Decree (hereinafter referred to as “summary mediation proceedings”), such as omitting the appraisal of the relevant medical malpractice or allowing only one appraiser to conduct appraisal: <Amended on Dec. 11, 2018> |
| 1. | Where there is no major disagreement between the claimant and the respondent regarding the facts of the relevant case, existence of fault, and so forth; |
| 2. | Where the existence of fault is clear or where the facts and major issues of the relevant case are simple; |
| 3. | Other cases corresponding to subparagraph 1 or 2 which are prescribed by Presidential Decree. |
| (2) | Where mediation is conducted according to summary mediation proceedings under paragraph (1), the head of a mediation panel alone may make a mediation decision, notwithstanding Article 23 (4). <Amended on Dec. 11, 2018> |
| (3) | Where a relevant case is deemed not to fall under any subparagraph of paragraph (1) during the summary mediation proceedings under paragraph (1), a mediation panel may convert such proceedings to ordinary mediation proceedings under other provisions of this Act. <Newly Inserted on Dec. 11, 2018; Apr. 7, 2020> |
| (4) | Where a mediation panel intends to mediate according to the summary mediation proceedings, it shall hear the opinions of an appraisal panel on the details and nature of the relevant medical malpractice, the existence of fault on the part of a public health or medical professional, and other relevant matters. <Newly Inserted on Apr. 7, 2020> |
| (5) | Where a mediation panel intends to make an adjustment according to the summary mediation proceedings or to convert summary mediation proceedings to ordinary mediation proceedings pursuant to paragraph (3), it shall hear the opinions of the claimant and the respondent in advance, and shall notify the claimant and the respondent of the outcomes thereof without delay. <Newly Inserted on Apr. 7, 2020> |
[This Article Newly Inserted on May 29, 2016]
[Title Amended on Dec. 11, 2018]
| Article 33-3 (Decision Not to Conduct Mediation) |
Where a request for mediation falls under any of the following subparagraphs, a mediation panel may conclude the case by a decision not to conduct mediation:
| 1. | Where it is recognized that the request for mediation is groundless, including where the claimant evades mediation without good cause; |
| 2. | Where it is recognized that the claimant has filed the request for mediation based on false facts or for unfair purposes; |
| 3. | Where it is not adequate to conduct mediation, given the nature of the relevant case. |
[This Article Newly Inserted on May 29, 2016]
| Article 34 (Written Mediation Decisions) |
| (1) | A mediation panel shall state each mediation decision in writing, including the following matters, on which the head and mediators of the mediation panel shall print their names and affix their seals or signatures: |
| 1. | Case number and case name; |
| 2. | Names and addresses of parties and their representatives; |
| 5. | Reasoning of decision; |
| (2) | The reasoning of a decision under paragraph (1) 5 shall indicate judgment to the degree that the contents of the text can be accepted as reasonable. |
| Article 35 (Awarding of Damages) |
When a mediation panel makes a mediation decision pursuant to Article 33, it shall award damages, taking into consideration the harm inflicted on a patient's life, body, and property by medical malpractice, the degree of negligence by the operator or a public health or medical professional of a public health or medical institution, the patient's faults, etc.
| Article 36 (Notice of Results of Mediation) |
| (1) | When a mediation panel determines to conduct, or not to conduct, mediation pursuant to Article 33 or 33-3, the president shall serve each certified original of the mediation decision on the claimant and the respondent respectively within seven days. <Amended on May 29, 2016> |
| (2) | The claimant and the respondent on whom the mediation decision referred to in paragraph (1) is served shall notify the Mediation and Arbitration Agency of whether each of them consents thereto within 15 days from the date of the service. In such cases, a party shall be deemed to consent thereto if he or she does not indicate his or her intention within 15 days. <Amended on Dec. 11, 2018> |
| (3) | Mediation shall be successfully concluded when both parties consent, or are deemed to consent, to the mediation decision under paragraph (2). |
| (4) | Mediation successfully concluded pursuant to paragraph (3) shall be as effective and enforceable as judicial compromise. |
| (5) | If no negligence on the part of medical professionals has been found as a result of mediation of a dispute, but it is suspected that medical malpractice in the instant case was caused by a defect of any of the following goods used by the relevant public health or medical institution, the president shall explain such facts to a claimant and shall inform the claimant of procedures through which he or she can obtain remedies for his or her injuries, as prescribed by Presidential Decree: |
| Article 37 (Settlement by Agreement while Mediation Proceedings are Pending) |
| (1) | A claimant may settle his or her case by agreement with the respondent while mediation proceedings are pending after he or she files a request for mediation under Article 27 (1). |
| (2) | When a case is settled by agreement under paragraph (1), the competent mediation panel shall discontinue the mediation proceedings and shall prepare a mediation statement in accordance with the terms and conditions agreed by the parties. |
| (3) | A mediation panel shall verify each party's intentions before preparing a mediation statement under paragraph (2). |
| (4) | A mediation statement prepared pursuant to paragraph (2) shall be as effective and enforceable as a judicial compromise. |
| Article 38 (Inspection and Photocopying of Appraisal Statement) |
| (1) | A claimant or respondent may file an application with the Mediation and Arbitration Agency to permit him or her to inspect or photocopy the appraisal statement, the written mediation decision, the mediation statement, or the materials he or she has submitted. <Amended on May 29, 2016> |
| (2) | Matters necessary for the subject matters of the inspection or photocopying under paragraph (1) and the methods and procedures for filing applications therefor shall be prescribed by Ordinance of the Ministry for Health and Welfare. |
| Article 39 (Application Mutatis Mutandis of the Judicial Conciliation of Civil Disputes Act) |
| Article 40 (Relationship to Lawsuits) |
A lawsuit may be filed in regard to a medical dispute without undergoing mediation proceedings under this Act.
| Article 41 (Prohibition of Divulgence of Confidential Information) |
No person who serves or has served as a mediator, appraiser, investigator, or executive officer or employee of the Mediation and Arbitration Agency shall divulge confidential information he or she has learned while conducting his or her duties in the course of mediation or appraisal procedures.
| Article 42 (Interruption of Prescription) |
| (1) | A request for mediation under Article 27 (1) shall have an effect of interrupting prescription: Provided, That where such petition is voluntarily withdrawn or rejected, the interruption of prescription shall not take effect without a lawsuit filed within one month. <Amended on Dec. 11, 2018> |
| (2) | The prescription interrupted pursuant to the main clause of paragraph (1) shall recommence in any of the following cases: <Amended on Dec. 11, 2018> |
| 1. | Where mediation is successfully concluded or where a case is settled by agreement while mediation proceedings are pending as referred to in Article 37; |
| 2. | Where either party or both parties express their intention not to consent to a mediation decision; |
| 3. | Where a case is concluded with a decision not to conduct mediation pursuant to Article 33-3. |
| Article 42-2 (Non-inclusion in Calculation of Deadlines) |
None of the following periods shall be included in calculating the periods for completing appraisal or mediation prescribed in Article 29 (1) or 33 (1): <Amended on Dec. 11, 2018> | 1. | Where a party to a dispute dies after the procedures for mediation are commenced and his or her heir is to takes over his or her position, the period required for submitting an application for takeover; |
| 2. | The period from the date when a party to a dispute files a challenge against an appraiser or mediator to the date a decision is made regarding such challenge; |
| 3. | Where summary mediation proceedings are converted to ordinary mediation proceedings pursuant to Article 33-2 (3), the period spent for summary mediation proceedings; |
| 4. | Other periods during which any reason prescribed by Ordinance of the Ministry of Health and Welfare exists, such as the period spent for the diagnosis of residual impairments. |
[This Article Newly Inserted on May 29, 2016]
| (1) | Parties to a dispute may agree in writing to submit to a final decision made by a mediation panel and file a request for arbitration. |
| (2) | A request for arbitration under paragraph (1) may be filed even while mediation proceedings are pending. In such cases, a document or an argument submitted or made in mediation proceedings shall be deemed submitted or made in arbitration proceedings. |
| (3) | Parties may agree to choose a mediation panel, as prescribed by Presidential Decree. |
| (4) | As to the procedure for arbitration, the provisions governing the procedure for mediation in this Act shall apply primarily, and the Arbitration Act shall apply mutatis mutandis supplementarily. |
| Article 44 (Effect of Arbitral Award) |
| (1) | An arbitral award shall be as effective and enforceable as a final judgment. |
CHAPTER IV MEDICAL LIABILITY MUTUAL AID ASSOCIATIONS AND COMPENSATION FOR INEVITABLE MEDICAL ACCIDENTS
| Article 45 (Establishment and Operation of Medical Liability Mutual Aid Associations) |
| (1) | A public health or medical professional association and public health or medical institution association may establish and operate an association for medical liability mutual aid (hereinafter referred to as "mutual aid association") for the compensation of injuries caused by medical malpractice, with authorization from the Minister for Health and Welfare. |
| (2) | A mutual aid association shall be a corporation. |
| (3) | A mutual aid association shall operate a mutual aid program under which damages for medical malpractice shall be indemnified. |
| (4) | The operator of a public health or medical institution may join a mutual aid association run by a public health or medical professional association or public health or medical institution association as a member and shall pay mutual aid fees prescribed by the mutual aid association when it joins the mutual aid association. |
| (5) | Matters necessary for the establishment and operation of mutual aid associations shall be prescribed by Ordinance of the Ministry for Health and Welfare. |
| (6) | Except as otherwise provided in this Act, the provisions regarding incorporated associations in the Civil Act shall apply mutatis mutandis to mutual aid associations. |
| Article 46 (Compensation for Inevitable Medical Accidents) |
| (1) | The Mediation and Arbitration Agency shall conduct a program for compensation of injuries caused by medical accidents in the course of childbirth regarding which the Committee for the Deliberation on Compensation for Medical Malpractice determines that such injuries were unavoidable although public health or medical professional fulfilled their duties of care (hereinafter referred to as "program for compensation of medical accidents"). |
| (2) | The Minister for Health and Welfare may partially subsidize expenses incurred in the program for compensation of medical accidents under paragraph (1) within budgetary limits. |
| (3) | The Mediation and Arbitration Agency may require the operator of each public health or medical institution or other persons specified by Presidential Decree to bear some of expenses incurred in the program for compensation of medical accidents under paragraph (1). |
| (4) | Notwithstanding Article 47 (3) of the National Health Insurance Act, expenses to be borne by the operator of a public health or medical institution or other persons under paragraph (3) may be paid in the manner that the National Health Insurance Corporation pays some of the medical care benefits, which shall be paid otherwise to the relevant medical care institution, to the Mediation and Arbitration Agency, as prescribed by Presidential Decree. In such cases, the National Health Insurance Corporation shall pay some of the medical care benefits to the Mediation and Arbitration Agency, instead of paying them to the medical care institution. <Newly Inserted on Dec. 11, 2018> |
| (5) | The composition and operation of the Committee for the Deliberation on Compensation for Medical Malpractice under paragraph (1), the scope of the operators of public health or medical institutions under paragraph (3), the ratio of sharing financial resources for compensation, the scope of compensation, the guidelines and procedure for the payment of compensations shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2018> |
| Article 46-2 (Provision of Materials for Compensation for Inevitable Medical Accidents) |
The Mediation and Arbitration Agency may request the provision of materials necessary for the calculation, imposition, collection, etc. of expenses incurred in conducting the program for compensation of medical accidents referred to in Article 46 (1), from public health or medical institutions, the National Health Insurance Corporation or the Health Insurance Review and Assessment Service established under the National Health Insurance Act, local governments, or other related institutions. [This Article Newly Inserted on May 29, 2016]
CHAPTER V ADVANCES FOR DAMAGES
| Article 47 (Advances for Damages) |
| (1) | If a victim in a medical malpractice case fails to receive money, although he or she falls under any of the following subparagraphs, he or she may file a claim for the money receivable with the Mediation and Arbitration Agency to pay it vicariously: Provided, That the same shall apply only where the judgment of a court in the Republic of Korea is final and conclusive if the case falls under subparagraph 3: <Amended on May 29, 2016> |
| 1. | Where mediation has been concluded successfully, an arbitral award has been granted, or a mediation statement has been prepared under agreement pursuant to Article 37 (1) while mediation proceedings are pending; |
| 3. | Where a court has prepared a deed of assignment for execution that orders the operator or public health or medical professional of a public health or medical institution or any other person who is found to be a party to pay money in civil proceedings. |
| (2) | The operator of a public health or medical institution shall bear expenses necessary for the advance for damages under paragraph (1), and necessary matters regarding the amount of such expenses and the method and management of the payment of such expenses shall be prescribed by Presidential Decree. |
| (3) | The Mediation and Arbitration Agency shall establish a separate account for the advance for damages, as prescribed by Ordinance of the Ministry for Health and Welfare. |
| (4) | Notwithstanding Article 47 (3) of the National Health Insurance Act, expenses to be borne by the operator of a public health or medical institution may be paid in the manner that the National Health Insurance Corporation pays some of medical care benefits, which shall be paid otherwise to the relevant medical care institution, to the Mediation and Arbitration Agency. In such cases, the National Health Insurance Corporation shall pay some of medical care benefits, which shall be paid to the relevant medical care institution, to the Mediation and Arbitration Agency instead of paying it to the medical care institution. <Amended on Dec. 31, 2011> |
| (5) | In receipt of a claim to pay an advance under paragraph (1) vicariously, the Mediation and Arbitration Agency shall examine the case and shall pay it in accordance with the standards prescribed by Ordinance of the Ministry for Health and Welfare. |
| (6) | Where the Mediation and Arbitration Agency pays an advance for damages pursuant to paragraph (5), it may demand an operator of the relevant public health or medical institution, or a public health or medical professional to reimburse it. |
| (7) | In demanding to reimburse an advance pursuant to paragraph (6), the Mediation and Arbitration Agency may write off the advance as a loss if it is impossible to have it paid off. |
| (8) | Matters necessary for the eligibility for, the scope of, and the procedure and method for paying advances for damages under paragraph (5), the procedure and method for demanding reimbursement under paragraph (6), and the scope of uncollectable advances and the procedure for the write-off of such advances as losses under paragraph (7) shall be prescribed by Presidential Decree. |
| Article 48 (Furnishing of Data) |
| (1) | For reimbursement under Article 47 (6) and writing-off under Article 47 (7), the president may request the State and local governments, and relevant agencies under the National Health Insurance Act, such as the National Health Insurance Service, to furnish data on national and local taxes, land, housing, buildings, motor vehicles, ships, aircraft, resident registration, family relation registration, national health insurance, national pensions, employment insurance, industrial accident compensation insurance, veterans’ benefits, pensions for public officials, military pensions, pensions for private school teachers and staff, special post office pensions, basic pensions, etc. |
| (2) | An agency requested pursuant to paragraph (1) shall comply with such request, unless there is a compelling reason not to do so. |
[This Article Wholly Amended on Dec. 11, 2018]
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
As to the service of documents under this Act, the provisions regarding service in the Civil Procedure Act shall apply mutatis mutandis.
| Article 50 (Expenses for Mediation) |
| (1) | The Mediation and Arbitration Agency may require a person who files a request for the mediation or arbitration of a dispute to pay fees. |
| (2) | The Mediation and Arbitration Agency may recover expenses incurred in appraisals requested by other institutions. |
| (3) | Matters necessary for the amounts of fees under paragraph (1) and the amounts of expenses for appraisal and the method for reimbursement of such expenses under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 51 (Victim's Intention in Conclusion of Mediation) |
| (1) | Where mediation under Article 36 (3) is successfully concluded or a mediation statement is prepared under agreement while mediation proceedings are pending pursuant to Article 37 (2), the public health or medical professional who perpetrated negligence in the conduct of business under Article 268 of the Criminal Act shall not be publicly prosecuted against the victim's express intent: Provided, That the foregoing shall not apply to cases where a victim's life is threatened or a victim becomes disabled or suffers from a fatal or incurable disease as a consequence of a bodily injury. |
| (2) | Paragraph (1) shall also apply to cases where an arbitral award on settlement under Article 31 of the Arbitration Act is prepared in arbitration proceedings under Chapter III Section 2. |
| Article 52 (Delegation and Entrustment of Authority) |
| (1) | The Minister for Health and Welfare may delegate part of his or her authority under this Act to each Mayor/Do Governor or the head of each Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | The Minister for Health and Welfare may entrust part of his or her authority under this Act to the Mediation and Arbitration Agency, as prescribed by Presidential Decree. |
CHAPTER VII PENTALTY PROVISIONS
| Article 53 (Penalty Provisions) |
| (1) | Any person who divulges confidential information he or she has learned in the course of conducting his or her duties in violation of Article 41 shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: Provided, That such person may be publicly prosecuted only when the victim or his or her representative files a complaint about such violation. <Amended on Mar. 21, 2017> |
| (2) | Deleted. <May 29, 2016> |
| Article 54 (Administrative Fines) |
| (1) | Any person who refuses, obstructs, or evades an investigation, inspection, or photocopying without good cause, in violation of Article 28 (5), shall be subject to an administrative fine not exceeding 10 million won. <Newly Inserted on May 29, 2016> |
| (2) | Any person who falls under any of the following subparagraphs shall be subject to an administrative fine not exceeding five million won: <Amended on May 29, 2016> |
| 1. | A person who uses an identical or similar name, in violation of Article 9; |
| 2. | Deleted; <May 29, 2016> |
| 3. | A person who fails to submit data or goods necessary for the investigation under Article 28 (5) without good cause upon receiving a demand to submit such data or goods; |
| 4. | Deleted. <May 29, 2016> |
| (3) | Administrative fines as provided for by paragraphs (1) and (2) shall be imposed and collected by the Minister for Health and Welfare, each Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on May 29, 2016> |
ADDENDA <Act No. 10566, Apr. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That Articles 46 and 51 shall enter into force two years after the date of its promulgation. Article 2 (Preparation for Establishment of Committee)
| (1) | The Minister for Health and Welfare shall organize a preparatory committee for establishment (hereinafter referred to as the "Preparatory Committee") to carry out administrative affairs for the establishment of the Mediation and Arbitration Agency within three months from the promulgation date of this Act. |
| (2) | The Preparatory Committee shall be comprised of not more than nine members (hereinafter referred to as "incorporators"), including the chairperson of the Preparatory Committee (hereinafter referred to as "Preparatory Committee Chairperson"). |
| (3) | The Preparatory Committee Chairperson and incorporators shall be appointed or commissioned by the Minister for Health and Welfare, from among persons recommended by the heads of public health or medical professional associations and the heads of public health or medical institution associations, persons recommended by nonprofit non-governmental organizations under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act, and competent public officials. |
| (4) | The Preparatory Committee shall prepare articles of association and shall obtain approval thereof from the Minister for Health and Welfare before this Act enters into force. |
| (5) | Upon obtaining approval pursuant to paragraph (4), the Preparatory Committee Chairperson shall complete the registration of the establishment of the Mediation and Arbitration Agency and shall transfer administrative affairs to President. |
| (6) | When the Preparatory Committee Chairperson and incorporators complete the transfer of administrative affairs pursuant to paragraph (5), they shall be deemed relieved of, or dismissed from, their office. |
Article 3 (Applicability to Medical Disputes)
This Act shall apply to medical malpractice cases that arise in connection with medical conduct completed on or after the date this Act enters into force.
Article 4 (Transitional Measure concerning Authorization for Mutual Aid Associations)
A person who filed a report on a mutual aid service pursuant to Article 31 (1) of the previous Medical Service Act in force before this Act enters into force shall be deemed to have obtained authorization under Article 45 (1): Provided, That such a person shall satisfy the requirements under this Act and shall obtain authorization under Article 45 (1) within one year after this Act enters into force. Article 5 (Transitional Measure concerning Mediation of Disputes)
The mediation of disputes on medical malpractice arising from medical conduct made before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14221, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Automatic Commencement of Mediation)
The amended provisions of Article 27 (9) shall begin to apply to the first medical malpractice cases arisen in connection with medical conduct completed after the date this Act enters into force. Article 3 (Transitional Measures concerning Penalties or Administrative Dispositions)
The former provisions shall apply when penalties or administrative dispositions are imposed on persons who committed acts related thereto before this Act enters into force.
ADDENDUM <Act No. 14698, Mar. 21, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15896, Dec. 11, 2018>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 2 shall enter into force on the date of its promulgation and the amended provisions of Article 27 (9) 2 shall enter into force on July 1, 2019.
ADDENDUM <Act No. 17212, Apr. 7, 2020>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 33-2 shall enter into force six months after the promulgation thereof.