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Government Legislation

  • [Other] Proposed Partial Amendment to the Enforcement Rule of the Medical Service Act (Ministry of Health and Welfare)
    • Competent Ministry : Ministry of Health and Welfare
    • Advance Publication of Legislation :
    • Opinion Submission Deadline :

[Background]


Despite institutional complements such as the mandatory installation of CCTVs in operating rooms (ORs), ghost and substitute surgeries continue to occur, drawing criticism from the National Assembly.

  • Examples of continuous occurrences:Unindicted indictment of a nurse assistant and a medical device sales representative at a Busan surgical hospital on charges of 'substitute surgery' (January '25).

    1. Unindicted indictment of a nurse assistant and a medical device sales representative at a Busan surgical hospital on charges of 'substitute surgery' (January '25).

    2. Plastic surgery professor at Ewha Womans University Hospital and a medical device sales representative sent to prosecution (January '25).

    3. Prison sentence confirmed for an obstetrician in Ulsan (February '25), and others.



  • National Assembly criticism:

    • For instance, one doctor performed approximately 4,000 surgeries, including artificial joint replacement, and claimed National Health Insurance benefits over one year.


[Main Points]

Specification of Required Entries for Surgical Records to Verify the Participating Medical Staff, Surgical Method, and Content

The required entries for surgical records will be explicitly specified to ensure verification of:

  1. Patient identification details.

  2. Pre- and post-operative diagnoses.

  3. Date, time, method, content, duration, and progress of the surgery.

  4. The medical staff participating in the surgery and their specific roles.

(Note: Currently, surgical records are included under the category of "medical records, etc." as per Article 22 of the Medical Service Act.)

Regulatory effect assessment
  • 의료법 시행규칙(규제영향분석서)_20250910.hwp [download]
Legislative proposal (draft)
  • 의료법 시행규칙 일부개정령안_노인학대 제외.hwpx [download]