2026 Korea Medical Malpractice Guide

2026 Korea Medical Malpractice Guide – “My Plastic Surgery Went Wrong!” How to Secure Evidence & Demand Compensation in Korea

Introduction: When the “Beauty Dream” Becomes a Nightmare

You came to Korea for K-Beauty, or visited a local clinic for treatment. But something is wrong.

You have severe pain, asymmetry, or scarring. When you complain, the doctor says:

“It’s just swelling. Wait 6 months. It’s normal.”

Do not just wait.

In Korea, medical disputes are a battle of Evidence. If you wait too long, CCTV footage may be deleted, and records can be difficult to verify.

This guide explains exactly how to fight back using the Medical Service Act and Dispute Mediation Systems.

Step 1. Secure the Evidence (The “Golden Time”)

Before you fight, you need ammunition. You must obtain your Medical Records (Ui-mu-gi-rok) immediately.

Under Article 21 of the Medical Service Act, patients (or their legal representatives) have a right to request copies of their records. The hospital cannot refuse without a justifiable reason.

Action Plan: Visit the Clinic Immediately

Go to the reception desk with your ID (Passport/ARC) and say:

“I need a copy of my full medical records for insurance purposes.”

(Korean: “Bo-heom je-chul-yong-eu-ro Ui-mu-gi-rok Sa-bon bal-geup hae-ju-se-yo.”)

[Table 1] Checklist of Documents You MUST Get

Document Name (English)	Korean Name	Why You Need It
1. Medical Charts	Jin-ryo-gi-rok-bu (진료기록부)	Daily logs of your treatment and doctor’s notes.
2. Surgery/Procedure Log	Su-sul-gi-rok-ji (수술기록지)	Details of the operation (anesthesia, time, techniques used).
3. CCTV Footage	CCTV Yeong-sang (CCTV 영상)	CRITICAL. Proves who operated (Ghost Surgery check). Note: Mandatory only for surgeries under unconsciousness (e.g., general anesthesia).
4. Photos	Sa-jin (사진)	Pre-op and Post-op photos taken by the clinic.
5. Consent Forms	Dong-ui-seo (동의서)	Proves whether they explained specific side effects properly.

⚠️ Critical Warning on CCTV:

Under the revised Medical Service Act (2023), operating rooms for surgeries where the patient is unconscious (e.g., general anesthesia) must have CCTV. Simple local anesthesia procedures may not be recorded. Storage is typically 30 days. You must request preservation in writing immediately.

Step 2. Send a “Certification of Contents” (Naeyong-jeungmyeong)

Do not just argue via KakaoTalk. You need a formal paper trail.

A Certification of Contents (Naeyong-jeungmyeong) is a letter sent via the Post Office that proves what you said and when you said it. While it doesn’t force payment, it signals you are serious and is often used as evidence in future disputes.

How to Write It (DIY Structure)

Sender: Your Name & Address.
Receiver: The Hospital Name & Representative Director (Won-jang).
Title: Notice regarding Damages from [Name of Surgery].
Content:
- Facts: “I received [Surgery] on [Date]. I paid [Amount].”
- Symptoms: “Since the surgery, I am suffering from [Side Effects].”
- Negligence: “The result is different from what was promised/standard of care.”
- Demand: “I request a refund and compensation for revision surgery by [Date].”
Send: Go to the Post Office, print 3 copies. The Post Office keeps one, you keep one, and one goes to the hospital.

Step 3. Pre-Litigation: The Mediation Route (Cheaper & Faster)

Civil lawsuits in Korea are expensive and slow. For foreigners, we highly recommend ADR (Alternative Dispute Resolution) agencies.

Option A: Korea Medical Dispute Mediation and Arbitration Agency (K-Medi)

Role: A public agency dedicated to medical disputes.
Pros: They have doctors and lawyers to analyze records impartially.
Condition: The hospital must agree to start the process. Exception: In cases of death or severe disability (Grade 1), mediation starts automatically without consent.
Website: www.k-medi.or.kr.

Option B: Korea Consumer Agency (KCA)

Role: Handles consumer complaints, including contract disputes and refunds.
Pros: Very consumer-friendly. Good for aesthetic dissatisfaction or refund issues.
Process: Submit a “Victim Relief Application” (Pi-hae-gu-je).
Website: www.kca.go.kr.

[Table 2] Lawsuit vs. Mediation

Feature	Civil Lawsuit	K-Medi / KCA Mediation
Cost	5M KRW+ (Lawyer fees)	Free or small fee (approx. 20k KRW + translation).
Time	1 ~ 3 Years	3 ~ 5 Months.
Outcome	Enforceable Judgment	Settlement Agreement (Has force of law if signed).
Language	Korean only	Interpretation support often available.

FAQ: Medical Disputes for Foreigners

Q1: Can I protest in front of the hospital with a sign?

A: RISKY. Korea has strict laws against Defamation (Myeong-ye-hwe-son) and Obstruction of Business. Even if true, publicizing facts to damage a reputation can lead to criminal charges unless “public interest” is proven. Stick to legal channels to avoid counter-suits.

Q2: They offered me a refund if I sign a paper. Should I?

A: Read carefully. That paper is likely a “Settlement and Confidentiality Agreement” (Bu-je-so Hap-ui). It usually says: “I accept this money and promise never to sue.”

If the money covers your damage + future revision surgery: Sign it.
If it’s just a partial refund: Do not sign. Once signed, claiming more later is legally very difficult.

Q3: Does the “Medical Visa” cover malpractice?

A: No. However, if you used a Registered Medical Tourism Agency, they are required by law to carry malpractice insurance or have a guarantee insurance policy. Check if your agency is registered.

Summary Checklist

Do Not Wait: Secure records immediately.
Collect Evidence: Get Charts, Surgery Logs, and CCTV (request preservation within 30 days).
Send Notice: Send a “Certification of Contents” to show you are serious.
Apply for Mediation: Contact K-Medi (1670-2545) or KCA (1372) before hiring a lawyer.

Suffering from medical side effects?

The hospital has a legal team. You need protection too.

Contact LIBRO Global Client Services for assistance with Medical Record Analysis and Drafting Evidence Requests.

[Request Medical Law Consultation]

LIBRO Global Client Services

Attorney Paul

2026 Korea Medical Malpractice Guide – How to Secure Evidence & Demand Compensation in Korea [English Speaking Lawyer. LIBRO]