Article 1(Purpose) #
The purpose of this Decree is to provide for matters mandated by the Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes and matters necessary for the enforcement of said Act.
Article 2(Branches of Mediation and Arbitration Agency) #
(1) The Korea Medical Dispute Mediation and Arbitration Agency (hereinafter referred to as the "Mediation and Arbitration Agency") prescribed in Article 6(1) of the Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes (hereinafter referred to as the "Act"), may establish branches with approval from the board of directors (hereinafter referred to as the "board of directors") referred to in Article 13(1) of the Act.
(2) Matters necessary for the establishment and operation of a branch, including its name, location, jurisdiction, etc., shall be determined by the president (hereinafter referred to as the "president") of the Mediation and Arbitration Agency with approval from the board of directors.
Article 3(Affairs of Mediation and Arbitration Agency) #
"Other affairs specified by Presidential Decree" under subparagraph 5 of Article 8 of the Act, means the following duties:
1. Duties related to the prevention of medical malpractice;
2. Management and operation of assets including the financial resources for compensation for inevitable medical mishaps, etc.;
3. International cooperation concerning medical disputes;
4. Duties delegated or entrusted by this Act or other Acts and subordinate statutes;
5. Other duties recognized by the Minister of Health and Welfare as appropriate for the Mediation and Arbitration Agency to conduct.
Article 4(Directors of Mediation and Arbitration Agency) #
The directors of the Mediation and Arbitration Agency commissioned under Article 10(1) of the Act, excluding the president of the Mediation and Arbitration Agency, the chairperson (hereinafter referred to as the "chairperson") of the Medical Dispute Mediation and Arbitration Committee referred to in Article 19 of the Act, and the chief assessor (hereinafter referred to as the "chief assessor") of the Medical Malpractice Assessment Board (hereinafter referred to as the "Assessment Board") referred to in Article 25 of the Act, shall be from among the following persons: <Amended on Dec. 30, 2025>
1. One person recommended by public health or medical professional associations or public health or medical institution associations;
2. One person recommended by non-profit, non-governmental organizations referred to in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
3. One person who is serving or served as at least an associate or with an equivalent position in a university or college under Article 2 of the Higher Education Act or in an officially recognized research institute;
4. One person respectively from among public officials in general service belonging to the Senior Executive Service of the Ministry of Justice, the Ministry of Health and Welfare, and the Ministry of Planning and Budget or public officials in general service of Grade III (including public officials in special service, of equivalent rank).
Article 5(Matters to be deliberated and approved by board of directors) #
The board of directors shall deliberate on and approve the following:
1. Matters related to the basic policies of the Mediation and Arbitration Agency, including project operation plans;
2. Matters related to budget and settlement of accounts;
3. Matters related to amendment of articles of association;
4. Matters related to establishment, amendment, and repeal of bylaws;
5. Matters related to acquisition, management, and disposal of major assets including reserves, etc.;
6. Matters related to borrowed funds;
7. Matters related to establishment of a branch of the Mediation and Arbitration Agency;
8. Other important matters concerning affairs and operation of the Mediation and Arbitration Agency.
Article 6(Composition and operation of board of directors) #
(1) The board of directors shall be comprised of the president, the chairperson, the chief assessor, and directors commissioned pursuant to Article 4.
(2) Meetings of the board of directors shall be classified into ordinary meetings and extraordinary meetings, and ordinary meetings shall be convened semi-annually at such time as determined by the articles of association and extraordinary meetings shall be convened when deemed necessary by the president or when requested so by at least 1/3 of the incumbent directors.
(3) The procedures for convening meetings of the board of directors shall be prescribed by the articles of association.
Article 7(Application for payment of contributions from government) #
Where the president intends to obtain contributions from the Government pursuant to Article 15(1)1 of the Act, he or she shall submit a written payment request to the Minister of Health and Welfare, together with a quarterly budget execution plan.
Article 8(Management of contributions from government) #
(1) Where the president obtains contributions from the Government under Article 15(2) of the Act, he or she shall manage them by opening a separate account, and shall not use them for any purpose other than their intended purpose.
(2) Where any surplus accrues in the contributions from the Government provided in paragraph (1) according to the settlement of accounts of every fiscal year, the president shall use such surplus to replenish the losses carried forward, and shall use the remainder by carrying it forward to the following year.
Article 9(Secretary of Mediation Committee) #
(1) The Medical Dispute Mediation and Arbitration Committee referred to in Article 19(1) of the Act (hereinafter referred to as the "Mediation Committee"), shall have one secretary to perform the affairs of the Mediation Committee.
(2) A secretary shall be designated by the chairperson from among the standing mediators of the Mediation Committee.
Article 10(Meetings of Mediation Committee) #
(1) Meetings of the Mediation Committee shall be convened when deemed necessary by the chairperson or when requested so by the president or at least 1/3 of the incumbent mediators.
(2) Where a meeting of the Mediation Committee is convened, minutes recording the date, venue, discussions, approved matters, etc., shall be prepared and retained after the chairperson puts his or her sign or name on the minutes and seal thereto.
(3) Matters necessary for the composition and operation of the Mediation Committee other than matters prescribed in paragraphs (1) and (2), shall be determined by the president with approval from the board of directors.
Article 11(Persons to assist affairs of Mediation Committee) #
"Attorneys-at-law and other persons specified by Presidential Decree" in Article 23(7) of the Act, means any of the following persons, among persons who have extensive knowledge of and experience in the proceedings of the mediation and arbitration procedures, the assessment of the amount of damages, etc.: <Amended on Jun. 11, 2019>
1. An attorney-at-law;
2. A certified public accountant;
3. A person who has attained at least a master's degree in areas related to law or public health;
4. A person who has at least two years' work experience at a dispute resolution agency or institution established in accordance with Acts;
5. Other persons deemed necessary by the president to efficiently assist the affairs of the Mediation Committee. In such cases, when the president posts public announcement of a recruitment examination, he or she shall publicly announce the qualification and scope of such persons.
[Title Amended on Jun. 11, 2019]
Article 12(Term of office of members of Recommendation Committee) #
The members of the Assessor Recommendation Committee prescribed in Article 26(2) of the Act (hereinafter referred to as the "Recommendation Committee"), shall hold office for a term of three years, and may be appointed consecutively for further terms.
Article 13(Operation of Recommendation Committee) #
Meetings of the Recommendation Committee shall be convened when deemed necessary by the chairperson of the Recommendation Committee or when requested so by the president or at least 1/3 of the incumbent recommendation members.
Article 14(Persons to assist affairs of assessment board) #
"Other persons specified by Presidential Decree" in Article 26(13) of the Act means any of the following persons, among persons who have extensive knowledge of and experience in the areas of public health, law, dispute resolution, etc.: <Amended on Nov. 29, 2016; Dec. 18, 2018; Jun. 11, 2019; Jun. 20, 2025>
1. An attorney-at-law;
2. A medical doctor, dentist, or doctor of Korean medicine under Article 2 of the Medical Service Act or a nurse under subparagraph 1 of Article 2 of the Nursing Act;
3. A pharmacist or oriental medicine pharmacist referred to in Article 2 of the Pharmaceutical Affairs Act;
4. A medical service technologist or an information manager for public health and medical services referred to in subparagraph 1 or 2 of Article 1-2 of the Medical Service Technologists, etc. Act, with at least three years' work experience at a medical institution referred to in Article 3 of the Medical Service Act;
5. A person who has attained at least a master's degree in areas related to law or public health;
6. A person who has at least two years' work experience at a dispute resolution agency or institution established in accordance with Acts;
7. Other persons deemed necessary by the president to efficiently assist the affairs of the Assessment Board. In such cases, when the president posts public announcement of a recruitment examination, he or she shall publicly announce the qualification and scope, etc., of such persons.
[Title Amended on Jun. 11, 2019]
Article 14-2(Scope of medical malpractice subject to commencement of automatic mediation procedures) #
(1) "Cases prescribed by Presidential Decree" in Article 27(9)2 of the Act means disabilities the degree of which is severe among the disabilities (excluding autistic disorders and mental disorders) prescribed in Appendix 1 of the Enforcement Decree of the Act on Welfare of Persons with Disabilities; provided, any of the following cases shall be exempted from the commencement of the automatic mediation procedures prescribed in Article 27(9) of the Act: <Amended on Jun. 11, 2019>
1. Where the degree of disability is determined to be severe by assessing both the existing disability the degree of which is not severe and a different disability resulting from medical malpractice (limited to disabilities the degree of which is not severe);
2. Where the degree of disability is determined to be severe by assessing both the body parts affected by the existing disability the degree of which is not severe and other body parts affected by the same disability resulting from medical malpractice (limited to disabilities the degree of which is not severe);
3. Where any additional disability results from medical malpractice on the same body part affected by the existing disability the degree of which is severe.
(2) Where it is deemed necessary to verify the determination of disability the degree of which is severe and related details prescribed in Article 27(9)2 of the Act, the president may request the submission of relevant data or opinions from the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply). <Amended on Jun. 11, 2019>
[This Article Added on Nov. 29, 2016]
Article 15(Matters to be stipulated in assessment statement) #
(1) "Other matters specified by Presidential Decree" in Article 29(3) of the Act means the following: <Amended on Jun. 15, 2015>
1. Case number and case name;
2. Name of parties;
3. Scope of assessment;
4. Details and outcomes of fact-finding investigations;
5. Negligence and existence of a causal relationship;
6. Existence, type, and degree of residual impairments;
7. Assessor’s opinions regarding the matters specified in subparagraphs 5 and 6;
8. Date of preparation;
9. Name of the competent assessment panel.
(2) The assessor’s opinions referred to in paragraph (1)7 shall stipulate the grounds of and reasons for the assessment; provided, where the assessor’s opinions are based on the unanimous consent of the assessors, the grounds of and reasons for the assessment may be omitted.
(3) Deleted. <Jun. 11, 2019>
Article 15-2(Procedures for summary mediation) #
(1) Where a mediation panel intends to mediate pursuant to Article 33-2(1) of the Act, it shall hear the opinions of an appraisal panel concerning the details and characteristics of the relevant medical malpractice, the existence of fault on the part of a public health or medical professional, and so forth. <Amended on Jun. 11, 2019>
(2) Where a mediation panel mediates pursuant to Article 33-2(1) of the Act, it may omit the appraisal of medical malpractice or allow only one appraiser (limited to a medical specialist, dentist, or oriental medical doctor prescribed in Article 26(2)1 and 3 of the Act) to conduct appraisal after undergoing consultation with an appraisal panel. <Amended on Jun. 11, 2019>
(3) "Cases prescribed by Presidential Decree" referred to in Article 33-2(1)3 of the Act shall mean cases where the amount of money claimed in a petition for mediation of a medical dispute is not exceeding 10 million won. <Amended on Mar. 11, 2025>
[This Article Added on Nov. 29, 2016]
[Title Amended on Jun. 11, 2019]
Article 16(Procedures after mediation decision) #
(1) As to whether he or she agrees on a mediation decision made pursuant to Article 36(2) of the Act, the applicant shall state his or her opinions in writing, which shall be submitted to the Mediation and Arbitration Agency.
(2) Information referred to in Article 36(5) of the Act shall be delivered to the applicant as documentation stipulating the following: <Amended on Dec. 5, 2023>
1. Acts and subordinate statutes, which serve as the basis for the remedies for injuries, including the Product Liability Act, etc.;
2. Application methods and procedures for the remedies for injuries;
3. The other party to the claim for damages or compensation;
4. Other matters necessary for the remedies for injuries.
Article 17(Selection of mediation panel for arbitration) #
(1) Parties to a dispute may agree to select a mediation panel to be in charge of arbitration pursuant to Article 43(3) of the Act, by any of the following methods; provided, if the parties fail to reach agreement within 15 days from the date they filed a petition for arbitration under Article 43(1) of the Act, it shall be deemed that the parties have agreed to select the method referred to in subparagraph 2:
1. Parties delegate to the chairperson the designation of a mediation panel to be in charge of arbitration;
2. Parties select, based on mutual agreement, one mediation panel, from among mediation panels presented by the chairperson.
(2) When parties fail to select a mediation panel within 15 days after the chairperson presents mediation panels under paragraph (1)2, the chairperson may designate a mediation panel in charge of the arbitration procedures, by taking into account the details of the relevant mediation case, the medical field involved in the relevant medical malpractice, etc.
(3) If the chairperson designates a mediation panel pursuant to paragraph (1)1 or (2), no party shall protest against it.
Article 18(Composition of Compensation Deliberation Committee) #
(1) The Committee for the Deliberation on Compensation for Medical Malpractice referred to in Article 46(1) of the Act (hereinafter referred to as the "Compensation Deliberation Committee"), shall be comprised of 11 deliberators, including one chairperson. <Amended on Jun. 15, 2015; Mar. 11, 2025>
(2) The chairperson of the Compensation Deliberation Committee shall be appointed by the Minister of Health and Welfare from among deliberators who are not public officials. <Amended on Mar. 11, 2025>
(3) The Compensation Deliberation Committee shall be comprised of the following persons and shall be non-standing members: <Amended on Mar. 11, 2025>
1. One person nominated by the Minister of Health and Welfare from among public officials in general service belonging to the Senior Executive Service in charge of policies on health and medical services in the Ministry of Health and Welfare;
2. The following persons commissioned by the Minister of Health and Welfare upon the recommendation of the president:
a. Three medical specialists in obstetrics and gynecology;
b. Two specialists in pediatrics and youth;
c. Two mediators from the Mediation and Arbitration Agency;
d. Two assessors from the Assessment Board;
e. One person recommended by non-profit, non-governmental organizations referred to in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act.
(4) The term of office of deliberators falling under paragraph (3)2a,b, and e shall be 3 years. <Amended on Mar. 11, 2025>
Article 19(Meetings of Compensation Deliberation Committee) #
(1) Meetings of the Compensation Deliberation Committee shall be convened when deemed necessary by the chairperson of the Compensation Deliberation Committee or when requested so by at least 1/3 of the incumbent deliberators.
(2) A majority of the deliberators of the Compensation Deliberation Committee shall constitute a quorum, and any resolutions thereby shall require the concurring vote of a majority of such deliberators present.
(3) The chairperson of the Compensation Deliberation Committee shall represent the Compensation Deliberation Committee and have general supervision and control over its affairs.
(4) Matters necessary for the operation of the Compensation Deliberation Committee other than matters prescribed in paragraphs (1) through (3), shall be determined by the chairperson of the Compensation Deliberation Committee with approval from the Compensation Deliberation Committee.
Article 20(Exclusion, of deliberators of Compensation Deliberation members) #
(1) In any of the following cases, each deliberator of the Compensation Deliberation Committee shall be excluded from the deliberation and approval by the Compensation Deliberation Committee:
1. If the deliberator him or herself, or a person who is or was his or her spouse is a party to the relevant dispute case (hereafter referred to as "case" in this Article);
2. If the deliberator is or was a relative to a party to the relevant case;
3. If the deliberator has presented a statement or conducted an assessment with regard to the relevant case;
4. If the deliberator represents or represented a party in the relevant case;
5. If the deliberator engages or engaged in a public health or medical institution in which the relevant case occurred;
6. If the deliberator engages or engaged in a corporation or organization comparable or de facto comparable to a public health or medical institution in which the relevant case occurred;
7. If the deliberator engages or engaged in a public health or medical institution that belongs to a corporation or organization comparable or de facto comparable to a public health or medical institution in which the relevant case occurred.
(2) If a party to a case has grounds to believe that it is impractical to expect impartial performance of duties from a deliberator, the party may file a challenge against the deliberator with the Compensation Deliberation Committee by presenting such grounds in writing. In such cases, the chairperson of the Compensation Deliberation Committee shall determine as to whether the challenge is accepted without approval from the Compensation Deliberation Committee.
(3) In cases of paragraph (1) or (2), each deliberator himself or herself may determine his or her abstention of the relevant deliberation and approval.
Article 21(Management and operation of financial resources for compensation) #
The Mediation and Arbitration Agency shall manage and operate expenses incurred in conducting a program for compensation of injuries caused by medical accidents under Article 46(1) of the Act (hereinafter referred to as "program for compensation of medical accidents") in an account independent from the general budget.
[This Article Wholly Amended on Dec. 5, 2023]
Article 22(Scope of compensation) #
Programs for compensation of medical accidents shall apply to the following accidents: <Amended on Jun. 15, 2015; Dec. 5, 2023>
1. Cerebral palsy in a newborn baby caused in the course of childbirth or due to abnormal childbirth-related symptoms after childbirth;
2. The death of a mother in the course of childbirth or due to abnormal childbirth-related symptoms after childbirth;
3. The death of a fetus in the course of childbirth or the death of a newborn baby due to abnormal childbirth-related symptoms after childbirth.
Article 23(Guidelines for payment of compensations) #
Compensation under the program for compensation of medical accidents shall be determined by the Compensation Deliberation Committee within the limit of 300 million won, as determined and publicly notified by the Minister of Health and Welfare, in consideration of the degree of cerebral palsy, etc. <Amended on Mar. 11, 2025>
Article 24(Procedures, for payment of compensations) #
(1) Where an assessment statement indicating no negligence on the part of a public health or medical professional, is obtained during the procedures for mediation or arbitration for the relevant medical dispute case, is submitted to the Compensation Deliberation Committee, and if the case is expected to be deliberated upon by the Compensation Deliberation Committee, the chairperson shall notify the party to the procedures for mediation or arbitration or his or her representative (referring only to the victim of medical malpractice or his or her representative; hereafter referred to as a "claimant" in this Article) of the relevant fact as well as the fact that they can file a claim for compensation with the Compensation Deliberation Committee. <Amended on Jun. 15, 2015>
(2) A claimant in receipt of notification made pursuant to paragraph (1) may file a claim for compensation for an inevitable medical mishap with the Mediation Compensation Committee within 14 days from the date of receipt of the notification.
(3) Where a claim is filed pursuant to paragraph (2), the chairperson shall suspend the mediation or arbitration procedures and send all the records of the relevant case to the Compensation Deliberation Committee.
(4) The Compensation Deliberation Committee may request the Assessment Board to conduct a reassessment or additional assessment if necessary after receipt of the records pursuant to paragraph (3). In such cases, the Assessment Board shall submit a reassessment statement or additional assessment statement to the Compensation Deliberation Committee within 1 month from the date it obtains the request for assessment.
(5) If the Compensation Deliberation Committee determines not to award compensation upon deliberation, it shall, without delay, return all the records of the case to the chairperson, and the chairperson shall resume the previously suspended mediation or arbitration procedures.
(6) If the Compensation Deliberation Committee determines to pay compensation upon deliberation, the president shall notify the claimant of the relevant fact within 15 days from the date such determination is made, and shall pay the compensation within one month from the date of the notification.
(7) Except as provided in paragraphs (1) through (6), matters necessary for the payment of compensation shall be determined by the president with approval from the board of directors.
Article 25(Object and scope of advances) #
(1) The object of advances paid under Article 47(1) of the Act shall be limited to damages, and shall not include expenses for mediation, arbitration, lawsuit, etc.
(2) The scope of advances paid under Article 47(1) of the Act shall be the outstanding amount of damages, but shall exclude damages on or after each date specified as follows:
1. In cases described in Article 47(1)1 of the Act: the date mediation concludes or the date of an arbitral award, or the date a mediation statement is prepared;
2. In cases described in Article 47(1)2 of the Act: the date a mediation statement is prepared;
3. In cases described in Article 47(1)3 of the Act: the date a deed of assignment for execution is prepared; provided, it shall be the date a judgment is final and conclusive when the deed of assignment for execution is the judgment.
Article 26(Claim for advances) #
A person who intends to file a claim for advances pursuant to Article 47(1) of the Act shall submit a written claim for advances to the president, along with the following documents and documents to confirm the necessity for paying advances for damages, as determined by the president: <Amended on Mar. 11, 2025>
1. In cases described in Article 47(1)1 of the Act: A written determination of mediation or a written arbitral award, or a mediation protocol;
2. In cases described in Article 47(1)2 of the Act: A mediation protocol;
3. In cases falling under Article 47(1)3 of the Act: An execution entitlement; provided, it shall include the certification that a judgment is final and conclusive when the execution entitlement is the judgment.
Article 27(Bearing of expenses for advances by operators of public health or medical institutions) #
(1) If the Minister of Health and Welfare intends to calculate, impose, or collect amounts from each operator of a public health or medical institution to cover expenses incurred in paying advances for damages under Article 47(1) of the Act (hereinafter referred to as "expenses for advances") pursuant to Article 47(3) of the Act, the Minister shall determine the annual target amount for the accumulation of financial resources for such expenses. In such cases, if the Mediation and Arbitration Agency is entrusted with the calculation, imposition, or collection of such expenses pursuant to Article 47(4) of the Act, the president shall determine or change the annual target amount for the accumulation with approval from the Minister of Health and Welfare. <Amended on Mar. 11, 2025>
(2) The Minister of Health and Welfare (referring to the president if the Mediation and Arbitration Agency is entrusted with the calculation, imposition, or collection pursuant to Article 47(4) of the Act, hereafter the same shall apply in paragraphs (3) through (5)) shall, within the scope of the target amount of accumulation for each year provided n paragraph (1), determine the calculation standards for the bearing of expenses for advances and the amount to be collected from each operator of a public health or medical institution in consideration of the current status of medical disputes as a whole and by institution for the last 5 years, the use of the payment system and its trend, the expected expenses for advances, the status of reserves set aside to cover expenses for reserves, and other factors. In such cases, the calculation standards for the bearing of expenses for advances may differ depending on the type of the public health or medical institution. <Amended on Mar. 11, 2025>
(3) If the Minister of Health and Welfare intends to collect expenses for advances calculated under paragraph (2), he or she shall publicly announce the amount of expenses and the date of collection not later than 1 month before such date of collection. In such cases, if the Minister intends to collect them by means of payment of some of the costs of health care benefits from the National Health Insurance Service under the National Health Insurance Act (hereinafter referred to as the "National Health Insurance Service") pursuant to Article 47(5) of the Act, he or she shall also notify the National Health Insurance Service of such expenses and the date of collection. <Amended on Jun. 11, 2019; Dec. 5, 2023; Mar. 11, 2025>
(4) The Minister of Health and Welfare may request the National Health Insurance Corporation or the Health Insurance Review and Assessment Service to submit relevant data, if necessary for determining the standards for calculating the amount of expenses for advances to be borne by each operator of a health and medical institution pursuant to paragraph (2) or for collecting the calculated amount of expenses for advances pursuant to paragraph (3). <Amended on Jun. 11, 2019; Mar. 11, 2025>
Article 28(Reimbursement of advances) #
(1) If the president has paid an advance for damages pursuant to Article 47(6) of the Act, he or she shall, without delay, request that the operator of the relevant public health or medical institution or the relevant public health or medical professional (hereinafter referred to as to "person obliged to reimburse") pay the full amount of the advance to the Mediation and Arbitration Agency within a specified period. <Amended on Mar. 11, 2025>
(2) If the president obtains the amount of the advance from a person obliged to reimburse after filing a claim pursuant to paragraph (1), he or she shall include the relevant amount of money obtained into an account for the advances for damages referred to in the later part of Article 47(4) of the Act. <Amended on Mar. 11, 2025>
Article 29(Disposition of write-off of losses of advances) #
(1) The president may write off losses with respect to any of the following advances, with approval from the board of directors, pursuant to Article 47(8) of the Act: <Amended on Mar. 11, 2025>
1. Where it is impossible to exercise the right to demand reimbursement due to such grounds as the death, loss of the juristic personality, missing, etc., of a person obliged to reimburse;
2. Where a person obliged to reimburse owns no assets or where even the assets of a person obliged to reimburse falls short of the amount of value of a claim to reimburse in any of the following cases:
a. Where it is verified that the assets of a person obliged to reimburse will have no residual value after being appropriated for expenses for the procedures for exercising the right to demand reimbursement;
b. Where it is verified that the assets of a person obliged to reimburse will have no residual value after being appropriated for the payment of national taxes and local taxes or the payment for claims secured by the right of mortgage, etc., which takes precedence over the claim for an advance;
3. Where a statute of limitations period on the claim to reimburse has expired;
4. Where the disposition of the write-off of losses is approved by the board of directors for any other applicable grounds falling under any of subparagraphs 1 through 3.
(2) As soon as it becomes possible to exercise the right to demand reimbursement on such grounds as the discovery of a missing person obliged to reimburse or seizable assets, after an advance is written off as a loss pursuant to paragraph (1), the president shall, without delay, revoke the write-off.
Article 30(Expenses for mediation) #
The amounts of fees and expenses for assessment and their payment methods referred to in Article 50 of the Act, shall be determined by the president with approval from the board of directors, by taking into consideration the amounts of money usually charged in litigation procedures including fees, assessment expenses, and other expenses required for cases in litigation in the relevant courts.
Article 30-2(Processing sensitive information and personally identifiable information) #
(1) If it is unavoidable for preparing legal and institutional grounds for survey and research, the preparation and announcement of statistics, education, the development of guidelines, etc., under Article 5 of the Act, the Minister of Health and Welfare may process data, including information on health, referred to in Article 23 of the Personal Information Protection Act.
(2) Where it is essential for conducting affairs related to the verification of grounds for disqualification of executives of the Mediation and Arbitration Agency under Article 12 of the Act, the Minister of Health and Welfare may process information corresponding to criminal history records referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act and data, including resident registration numbers, referred to in subparagraph 1 of Article 19 of that Decree.
(3) If it is unavoidable for conducting the following affairs, the Minister of Health and Welfare may process data, including resident registration numbers, passport numbers, or alien registration numbers, referred to in subparagraph 1,2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Affairs related to the audit on the business, accounting, and assets of the Mediation and Arbitration Agency, referred to in Article 16(3) of the Act;
2. Affairs related to the imposition and collection of administrative fines, referred to in Article 54 of the Act.
(4) Where it is essential for conducting affairs related to the imposition and collection of administrative fines under Article 54 of the Act, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu, may process data, including resident registration numbers, passport numbers, or alien registration numbers, referred to in subparagraph 1,2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Amended on Nov. 29, 2016>
(5) Where it is essential for conducting the following affairs, the Mediation and Arbitration Agency may process information on health referred to in Article 23 of the Personal Information Protection Act, or data, including resident registration numbers, passport numbers, or alien registration numbers, referred to in subparagraph 1,2, or 4 of Article 19 of the Enforcement Decree of that Act:
Article 31 #
Deleted. <Dec. 5, 2023>
Article 32(Imposition and collection of administrative fines) #
Administrative fines referred to in Article 54(1) and (2) of the Act shall be imposed and collected by the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu, in accordance with the standards for imposition as listed in the Appendix. <Amended on Nov. 29, 2016>