Medical Dispute Mediation and Arbitration System
This system aids the victims of medical malpractice
and creates a stable health-care environment
for medical specialists.
Legal Basis
for Injuries from Medical Malpractice
and Mediation of Medical Disputes (enforced on April 8, 2012)
This law stipulates matters related to the mediation and arbitration of medical disputes to promptly and impartially relieve damages caused by medical malpractice and create a stable medical environment for medical specialists.
Process of Mediation and Arbitration
Mediation Mediation refers to the way in which, when there is a request for mediation from an applicant among the parties to a medical dispute, the Korea Medical Dispute Mediation and Arbitration Agency thoroughly examines the claims made by both parties, conducts fact-checking, determines the occurrence of malpractice and a causal connection, and proposes an agreement to help both parties settle the case satisfactorily.
- Request for mediation from patients or medical professionals
- Mediation
-
Arbitration available
throughout the
process of mediation
- Settlement
-
Decision to mediate
(the same as the
court settlement) - Failure to meditate
Arbitration Arbitration refers to a dispute resolution process where both parties comply with the decision of the Korea Medical Dispute Mediation and Arbitration Agency after making a written agreement to follow its decision and requesting for arbitration, which can be made even during the mediation process.
-
Arbitration
settlement -
Request for
arbitration - Arbitration
-
Decision
to arbitrate
Legal Effects of Mediation and Arbitration
-
Mediation carries the same effect as a court settlement when the original decision to
mediate has been reviewed by both parties, and the mediation decree is deemed to have
been agreed to. -
When both parties reach an agreement during mediation and the mediation statement is
made, such an agreement will have the same effect as a court settlement. - The decision to arbitrate carries the same effect as the final judgement.
Information on
Free Consultations
- Telephone : +82-2-1670-2545 / +82-2-6210-0080
-
Operationg Hours : 09:00-18:00
(Closed on Saturdays, Sundays, and public holidays) - Supported Languages : English and Chinese
Source: https://www.k-medi.or.kr//eng/lay1/S239T377C378/contents.do
(Korea Medical Dispute Mediation and Arbitration Agency)
