South Korea

I suffered a medical accident. Can I claim damages?

3 years

Limitation period

Article 750

Civil Act liability

Article 24

Medical Service Act duty

100% fault

Burden of proof

The Short Answer

Yes, you can claim damages for a medical accident in South Korea if the healthcare provider breached their duty of care and caused harm.

What the Law Says

South Korean law allows patients to seek compensation for injuries caused by medical negligence. Liability arises when a healthcare provider fails to meet the standard of care expected in their profession.

Under the Civil Act, anyone who causes harm to another person's body or property through intentional or negligent acts must compensate for the damage (Article 750). This applies to doctors, hospitals, and other medical professionals.

The Medical Service Act imposes a specific duty on healthcare providers to deliver services with due care and skill. Article 24 states: 'Medical personnel shall perform medical services with due care and skill in accordance with medical standards.'

The statute of limitations for filing a civil claim for medical injury is three years from the time the injured party becomes aware of the damage and the identity of the perpetrator, or ten years from the date of the act — whichever comes first (Civil Act, Article 766).

Statutory Text
Anyone who causes loss or damage to another person by an unlawful act, whether intentional or negligent, shall be liable to compensate for such loss or damage.
— Civil Act, s. 750 — Liability for unlawful acts

Statutory Text
Medical personnel shall perform medical services with due care and skill in accordance with medical standards.
— Medical Service Act, s. 24 — Duty of medical personnel

What to Do

Gather all medical records, prescriptions, and related documentation from the incident.

Consult a licensed attorney specializing in medical liability within 3 years of discovering the injury.

File a civil lawsuit at the district court where the defendant resides or where the medical service was provided.

Consider requesting a medical malpractice review from the Korean Medical Association or the National Health Insurance Service for expert opinion.

Sources

statuteCivil Act, s. 750 — Liability for unlawful acts statuteCivil Act, s. 766 — Limitation of claims statuteMedical Service Act, s. 24 — Duty of medical personnel

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.