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Legal basis

Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes (enforced on April 8, 2012) Chapter 1 Article 1
This law stipulates matters related to mediation and arbitration of medical disputes, so as to promptly and reliably relieve damages caused by medical accidents and to create a stable medical environment for health care workers.

Korea Medical Dispute Mediation and Arbitration Agency

Quick resolution of disputes concerning medical accidents

The Korea Medical Dispute Mediation and Arbitration Agency arbitrates the amount of damages caused by a medical accident within 90 days (maximum of 120 days).

* Average of 26.3 months for first trial

Fair and professional appraisals by "medical accident appraisers"

The "Medical Accident Appraisers," a group of 100 to 300 professionals, including health care professionals, lawyers, and consumer group executives, who are recognized for their fairness and expertise, conduct surveys, investigations of negligence, and causal identification of disputes.

Composition of Appraisal and Mediation Section

Composition of Appraisal and Mediation Section
A total of 5 appraisers Examiner
Five knowledgeable and experienced professionals
2 dentists, Eastern medicine doctors
Two attorneys
One representative of consumer interest
Professional career experts to assist the appraisers
Doctors, dentists, pharmacists, herbalists, nurses, etc.

Mediation decision by the "Medical Dispute Mediation Committee" · Mediation decision

The medical dispute mediation committee, composed of 100 to 300 professionals with abundant knowledge and virtues, such as healthcare professionals, lawyers, consumers and related professions, and university professors, presents dispute resolution solutions that are acceptable to both patients and medical personnel.

Mediator: Five mediators, Investigator

Mediator: Five mediators, Investigator
Mediation committee:5 officers total Examiner
Composed of five well-known mediators
Two judges and lawyers
1 healthcare worker
One representative of consumer interest
1 professor from a university or accredited research institute, Professional career specialists
Qualified persons such as lawyers

Mediation · Procedures for mediation

mediation
Mediation: Mediation refers to the way in which, when there is an application for reconciliation from an applicant among the parties to the dispute, the Mediation Committee prepares a reconciliation plan for the investigation and recommends a fixed period of time for both parties to resolve the dispute
Mediation procedure
Mediation Arbitration
Arbitration
Arbitration: Arbitration is a written agreement between the parties to comply with the decision of the Medical Arbitration Board and can be applied for during the arbitration process
Arbitration procedure
Mediation Arbitration 2

Legal effects of mediation and arbitration

  • "Mediation" shall mean the same effect as a court settlement when the original of the conciliation decision has been delivered to the parties and the mediation decree is deemed to have been agreed to
  • In the event that an agreement is reached between the parties during the conciliation proceedings, it will have the same effect as a court reconciliation
  • The judgment for "arbitration" shall have the same effect as the final judgment