CONTENTS
- 1. Health and Medical Law | Overview
- 2. Health and Medical Law | Legal Obligations of Medical Personnel and Medical Institutions
- - Provision of High-Quality, Appropriate Services
- - Prohibition of Refusal of Treatment
- - Patient Transfer and Linkage of Medical Information
- - Duty to Take Measures upon Discovery of a Disease
- 3. Health and Medical Law | The Effect of Patient Rights Provisions on Medical Institutions
- 4. Framework Act on Health and Medical Services | Risk Prevention Strategy
- - Practical Checklist
1. Health and Medical Law | Overview
The formal name of the health and medical law is the Framework Act on Health and Medical Services. Rather than punishing medical acts directly, it operates as a framework statute that sets out the roles and responsibilities of medical personnel and medical institutions along with the duties of the State.
In medical disputes, administrative dispositions, and medical accident litigation, the Framework Act on Health and Medical Services is applied in the following ways.
- As a standard for interpreting the duty of care and ethical obligations of medical personnel
- As a standard for assessing whether a refusal of treatment or a patient transfer was legitimate
- As the governing statute for the duty to report and cooperate in matters of public health
- As a source of the basic principles for determining whether a patient's rights have been infringed
2. Health and Medical Law | Legal Obligations of Medical Personnel and Medical Institutions
Article 5 of the Framework Act on Health and Medical Services sets out in detail the basic professional ethics and legal responsibilities that health and medical personnel must observe.
Provision of High-Quality, Appropriate Services
Medical personnel have a duty to provide medically reasonable treatment, weighing the prevailing standard of medical care, the available medical environment, and the patient's condition at the relevant time.
This standard focuses on responsibility for the process rather than for the outcome, and it serves as the starting point for assessing medical negligence.
Prohibition of Refusal of Treatment
When a health and medical service provider receives a patient's request for medical services, the provider may not refuse it without a justifiable reason.
This provision guards against the refusal of treatment to a particular patient, against discrimination, and against abuse of the right to treat, so that all citizens enjoy general access to medical services.
Patient Transfer and Linkage of Medical Information
When the patient's condition calls for it, a medical institution must consider a transfer to a suitable facility and make every effort to provide and forward the medical records needed for continuity of care.
Because a delayed or inadequate transfer may bear directly on liability for a medical accident, careful handling is required.
Duty to Take Measures upon Discovery of a Disease
When a medical practitioner learns of a disease subject to mandatory reporting under the law, such as an infectious disease or a nationally managed condition, the practitioner must report it to the relevant agency without delay and take the measures that are required.
This is a public health duty, and failure to perform it may give rise to administrative and criminal liability.
3. Health and Medical Law | The Effect of Patient Rights Provisions on Medical Institutions
The Framework Act on Health and Medical Services sets out the rights of citizens as patients, but in practice it operates as the benchmark for a medical institution's duty to explain, its handling of information, and its consent procedures.
- Protection of the right to health, which translates into a rule against discrimination in access to care
- Right to know, which gives rise to the obligation to permit inspection of medical records and to provide copies
- Right to self-determination, which strengthens the duty to explain and the consent process
- Confidentiality of medical information, which imposes responsibility for protecting personal data and managing records
In short, the provisions on patient rights define the scope of a medical institution's legal management obligations.
4. Framework Act on Health and Medical Services | Risk Prevention Strategy
A violation of the Framework Act on Health and Medical Services often functions less as a freestanding offense than as a starting point that can broaden into a violation of the Medical Service Act, a violation of the Infectious Disease Control and Prevention Act, and civil or criminal liability for medical negligence.
For that reason, a medical institution should treat the Framework Act on Health and Medical Services as an operating principle and as a baseline law for managing risk.
| Category | Practical Management Points for Medical Institutions |
|---|---|
| Provision of treatment | Establish treatment standards and protocols; reflect the standard of medical care |
| Refusal of treatment | Clarify and record the grounds for refusal |
| Transfer measures | Provide a manual of transfer standards and procedures |
| Infectious disease response | Establish a system for the immediate reporting of diseases subject to reporting |
| Medical records | Accurate preparation, retention, and response to inspection requests |
| Duty to explain | Document the content of the explanation and the consent process |
| Information protection | Establish an access authorization and management system for medical information |
| Education | Conduct regular education on medical ethics and law |
| Accident response | Establish an initial response manual for medical accidents |
| Statute management | Regularly review related statutes, such as the Medical Service Act and the Pharmaceutical Affairs Act |
Practical Checklist
A medical institution should carry out its legal duties under the Framework Act on Health and Medical Services in good faith and build a system that protects patients and improves the quality of medical care.
✅ Establishment of procedures for care coordination and patient referral
✅ Establishment of a system for the immediate reporting of infectious diseases and diseases subject to mandatory reporting
✅ Accurate preparation and statutory retention of medical records
✅ Provision of training on improving the quality of health and medical services
✅ Establishment of a training system on medical ethics and professional responsibility
✅ Maintenance of a response manual for medical accidents
✅ Regular review of and compliance with related statutes (the Medical Service Act, the Pharmaceutical Affairs Act, and others)
The medical specialist attorneys of this firm identify the legal issues that can arise in the course of providing medical services and offer comprehensive advice that systematically sets out the legal standards medical practitioners and medical institutions need to observe.
If you would like advice on responding to the evolving statutes and regulations connected to the Framework Act on Health and Medical Services, we invite you to work with the 🔗medical specialist attorneys of Daeryun Law Firm to develop a strategy for reducing legal risk.
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