South Korean courts rule on medical duty and emergency care rights

South Korean courts have issued rulings regarding medical responsibilities and the rights of patients.

A Gwangju District Court ruled that a hospital must pay compensation to the bereaved family of a patient who died following a cardiovascular procedure. While the court found no direct medical negligence in the procedure or emergency response, it determined that the hospital violated the patient's right to self-determination. The hospital had explained the risks and complications only to the patient's guardian rather than to the patient themselves, who was capable of making his own decisions.

In a separate case, the Supreme Court of Korea upheld administrative sanctions against a hospital in Daegu for refusing emergency medical treatment. The sanctions, which included a six-month suspension of subsidies, were imposed by the Ministry of Health and Welfare after a teenager died while being unable to find a hospital to accept him. The hospital argued that medical staff were occupied with other surgeries, but the court ruled that available specialists could have provided the necessary care, noting that allowing hospitals to selectively refuse patients without justifiable cause would undermine the Emergency Medical Service Act.