ACT ON REMEDIES FOR INJURIES FROM MEDICAL ACCIDENTS AND MEDIATION OF MEDICAL DISPUTES

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to promptly and fairly redress injuries caused by a medical accident 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.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Dec. 11, 2018; Sep. 20, 2024>

1. The term "medical accident" 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 a medical accident;

3. The term "public health or medical professional" means a person who works for a public health or medical institution as a medical practitioner or nursing assistant under the Medical Service Act, an assistant nurse under Article 6 of the Nursing Act, a medical technologist under the Medical Service Technologists Act, an emergency medical rescuer under the Emergency Medical Service Act, or a pharmacist or oriental pharmacist under the Pharmaceutical Affairs Act;

4. The term "public health or medical institution" means a medical institution established pursuant to the Medical Service Act, a pharmacy registered pursuant to the Pharmaceutical Affairs Act, the Korea Orphan and Essential Drug Center under the Pharmaceutical Affairs Act, a public health clinic, public health and medical care center, or public health branch clinic established pursuant to the Regional Public Health Act, or a public health infirmary established pursuant to the Act on Special Measures for Health and Medical Services in Agricultural and Fishing Villages;

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;

ACT ON REMEDIES FOR INJURIES FROM MEDICAL ACCIDENTS AND MEDIATION OF MEDICAL DISPUTES

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of application) #

Article 4(Principle of good faith) #

Article 5(Responsibilities of the State, operators of public health or medical institutions, and public health or medical professionals) #

Article 6(Establishment of Korea Medical Dispute Mediation and Arbitration Agency) #

Article 7(Article of incorporation) #

Article 8(Business affairs) #

Article 9(Prohibition of use of similar names) #

Article 10(Executive officers and term of office) #

Article 11(Duties of executive officers) #

Article 12(Grounds for disqualification of executive officers) #

Article 13(Board of directors) #

Article 14(Secretariat) #

Article 15(Financial resources) #

Article 16(Supervision) #

Article 17(Legal fiction as public officials in applying penalty provisions) #

Article 18(Application mutatis mutandis of Civil Act) #

Article 19(Establishment of Medical Dispute Mediation and Arbitration Committee) #

Article 20(Composition and operation of Mediation Committee) #

Article 21(Grounds for disqualification of mediators) #

Article 22(Guarantee of status of mediators) #

Article 23(Mediation panel) #

Article 24(Exclusion of mediators) #

Article 25(Establishment of medical accident appraisal board) #

Article 26(Appraisal panel) #

Article 27(Request for mediation) #

Article 28(Investigation of medical accidents) #

Article 28-2(Hearing of opinions of appraisers) #

Article 29(Appraisal statement) #

Article 30(Statement of opinion) #

Article 31(Date of appearance) #

Article 32(Closed mediation proceedings) #

Article 33(Mediation decisions) #

Article 33-2(Summary mediation) #

Article 33-3(Decision not to conduct mediation) #

Article 34(Written mediation decisions) #

Article 35(Awarding of damages) #

Article 36(Notice of results of mediation) #

Article 37(Settlement by agreement while mediation proceedings are pending) #

Article 38(Inspection and photocopying of appraisal statement) #

Article 39(Application mutatis mutandis of the judicial conciliation of Civil Disputes Act) #

Article 40(Relationship to lawsuits) #

Article 41(Prohibition of divulgence of confidential information) #

Article 42(Interruption of prescription) #

Article 42-2(Non-inclusion in calculation of deadlines) #

Article 43(Arbitration) #

Article 44(Effect of arbitral award) #

Article 45(Establishment and operation of medical liability mutual aid associations) #

Article 46(Compensation for inevitable medical accident) #

Article 46-2(Provision of materials for compensation for inevitable medical accidents) #

Article 47(Advances for damages) #

Article 48(Furnishing of data) #

Article 49(Service) #

Article 50(Expenses for mediation) #

Article 51(Victim's intention in conclusion of mediation) #

Article 52(Delegation and entrustment of authority) #

Article 53(Penalty provisions) #

Article 54(Administrative fines) #