The Bar Association Holds Symposium on 'Incorporating Medical Treatment Contracts into Civil Law Revisions'

10 AM on the 9th, National Assembly Members' Office Building, 4th Conference Room
Co-hosted by Representatives In Jae-geun, Oh Ki-hyung, and Yang Jeong-suk

Symposium Poster.

[Asia Economy Reporter Choi Seok-jin] The Korean Bar Association (President Lee Jong-yeop) will hold a symposium for the legislative amendment to incorporate medical treatment (healthcare) contracts into the Civil Act.

The Bar Association announced on the 7th that it will hold the "Symposium for the Incorporation of Medical Treatment Contracts into the Civil Act" from 10 a.m. on the 9th at the 4th Conference Room of the National Assembly Members' Office Building in Yeouido, Seoul.

This symposium is co-hosted by three members of the National Assembly: Min Jae-geun and Oh Ki-hyung of the Democratic Party, and Yang Jeong-sook, an independent lawmaker, together with the Bar Association.

Following the opening remarks, Lawyer Park Ho-gyun, chair of the Bar Association’s Medical Treatment Contract Task Force (TF), will present on the topic "The Necessity of Incorporating Medical Contracts into the Civil Act and Directions for Amendment."

Next, Lawyer Shin Hyun-ho of Haul Law Firm, who chairs the Bar Association’s Medical Human Rights Subcommittee, will serve as the moderator for the discussion.

Designated discussants include Professor Park Soo-gon of Kyung Hee University Law School, Professor Kim Ki-young of Kyung Hee University Graduate School of Public Administration, Professor Baek Kyung-hee of Inha University Law School, Lawyer Lee Jeong-min of Hippocrates Law Firm, Lawyer Nam Min-ji of Lee Won Law Office, Chief Judge Park Young-ho of Suwon District Court (Medical Law Research Association), and Professor Song Ki-min of Hanyang University (Citizens’ Coalition for Economic Justice).

Professor Park Soo-gon will discuss "The Necessity of Incorporating Medical Contracts into the Civil Act and Directions for Amendment," Professor Kim Ki-young will address "Burden of Proof in the Medical Treatment Contract Legislation," Professor Baek Kyung-hee will cover "Introduction of Doctors’ Duty to Explain within the Civil Act," Lawyer Lee Jeong-min will speak on "Legislation of Medical Contracts and Allocation of Burden of Proof," Lawyer Nam Min-ji will discuss "Introduction of Medical Contracts and Impact on Clinical Treatment," Chief Judge Park Young-ho will talk about "Easing Burden of Proof and Presumption of Negligence," and Professor Song Ki-min will present on "The Necessity and Introduction Plan of Medical Treatment Contracts for Prevention and Remedy of Damages Caused by Medical Services."

After the designated discussions, a Q&A session and open discussion with attendees will be held.

The entire symposium will be hosted by Lawyer Kim Dae-gyu of TY Lawyers.

Moderator Lawyer Shin Hyun-ho stated, "Based on last year’s review performance by the Health Insurance Review and Assessment Service, it can be estimated that over 1.36 billion medical contracts are concluded annually in South Korea. Despite healthcare being as essential and close to our citizens as air or water today, medical contracts have not been defined as standard contracts in the outdated 1960 Civil Act without special legislation, unlike transportation or labor contracts."

He added, "In the case of transportation or labor contracts, special laws as well as standard contracts under the Civil Act regulate them in an overlapping manner, ensuring legal stability and consumer protection. In contrast, the absence of Civil Act provisions or special laws regarding medical contracts is an undesirable legislative reality from the perspective of legal stability."

Lawyer Shin emphasized, "When harm occurs to patients in medical contract relationships?death being irreversible and bodily injury difficult to recover?medical contracts related to the constitutionally highest-ranking right to life should be incorporated as standard contracts in the Civil Act and regulated thoroughly. By introducing provisions that consider their distinct characteristics from other contracts, it is necessary to protect patients’ lives and health and to create a predictable and stable treatment environment for healthcare providers."

This content was produced with the assistance of AI translation services.