조문단위인쇄

ACT ON REMEDIES FOR INJURIES FROM MEDICAL MALPRACTICE AND MEDIATION OF MEDICAL DISPUTES
조문단위인쇄
 Article 47 (Advances for Damages)
(1) If a victim in a medical malpractice case fails to receive money, although he/she falls under any of the following subparagraphs, he/she may file a claim for the money receivable with the Mediation and Arbitration Agency to pay it vicariously: Provided, That the foregoing shall apply only where the judgment is final and conclusive if the case falls under subparagraph 3:
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;
2. Where a mediation statement has been prepared pursuant to Article 67 (3) of the Framework Act on Consumers;
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 the provisions of 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 by Act No. 11141, 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) Necessary matters regarding 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.