Medical Law in South Korea

Introduction

South Korean medical law is governed by the Medical Act (의료법, 1951) , the Bioethics and Safety Act (생명윤리법, 2005) , and related statutes. The legal framework regulates healthcare providers, medical practice standards, patient rights, bioethics, and the rapidly evolving field of telemedicine. The Supreme Court of Korea has developed extensive jurisprudence on physician liability and informed consent.

Medical Act

The Medical Act establishes the regulatory framework for medical practice:

Licensure and Scope of Practice

Only licensed medical doctors (Article 5) may practice Western medicine. Korean medicine doctors (Article 2) practice traditional Korean medicine (hanbang). The Act strictly separates the two professions, though the Constitutional Court has upheld this dual system (2002Hun-Ma238).

Healthcare Institutions

The Act classifies medical institutions into:

• General hospitals: Minimum 30 beds, specialized departments
• Hospitals and clinics: Smaller facilities
• Public health centers: Government-operated primary care facilities

Telemedicine

South Korea has historically restricted telemedicine to physician-to-physician consultations (Article 34). The COVID-19 pandemic temporarily expanded telemedicine, and the 2023 Medical Act amendment (Act No. 19420) permits limited direct-to-patient telemedicine for follow-up consultations.

Physician Liability

Medical Malpractice

Physician liability arises from:

• Negligence: Breach of the standard of care (reasonably prudent physician standard)
• Lack of informed consent: The Supreme Court requires disclosure of diagnosis, treatment options, success rates, and risks (2000Da1439)
• Criminal liability: Gross negligence causing death or injury may constitute professional negligence

Medical Malpractice Litigation

The Medical Act established a Medical Dispute Mediation Committee (2012) to provide alternative dispute resolution. Mediation is mandatory before litigation for claims under KRW 500 million. Medical malpractice claims are generally litigated as civil tort actions.

Patient Rights

The Act provides for:

• Right to know: Information about medical condition, treatment options, and prognosis
• Right to choose: Patient autonomy in medical decision-making
• Do-not-resuscitate (DNR) orders: The Hospice and Palliative Care and Dying Patient Decision Act (2016, “Well-Dying Act”) legalizes advance directives and DNR orders

Bioethics

Embryo Research

The Bioethics and Safety Act regulates:

• Embryonic stem cell research: Permitted only with surplus embryos from IVF (not research-created)
• Somatic cell nuclear transfer: Prohibited for reproductive cloning
• Genetic testing: Regulated for medical and research purposes

Organ Transplantation

The Internal Organs Transplantation Act governs organ donation and transplantation, adopting an opt-in system. Brain death is legally recognized as death. Organ trafficking is criminalized.

Artificial Insemination and Surrogacy

Commercial surrogacy is prohibited. AI and IVF are regulated by the Bioethics and Safety Act and the Ministry of Health and Welfare guidelines.

Conclusion

South Korean medical law balances physician autonomy, patient rights, and bioethical principles in a rapidly evolving healthcare system. The legalization of telemedicine, implementation of advance directives, and ongoing bioethics debates continue to shape the legal landscape.