Hwisang Law Firm
I will not raise any civil or criminal objection regarding this matter in the future.
Even if after-effects appear, it may become hard to claim damages or file a criminal complaint.
BEFORE YOU SIGN A SETTLEMENT
A clinic in Korea wants you to sign a settlement?
Clinics sometimes offer a refund or free revision surgery in exchange for signing a settlement agreement in Korean. Once you sign, it may become hard to claim treatment costs or compensation later. Here is what to check before you sign.
Consultations are by email. In-person meetings at our Seoul office are available, with a translation app if needed.
WHY
A settlement means “this ends here”
Under Korean law, an agreement in which both sides make concessions to end a dispute is called a “settlement” (Civil Act, Article 731). As a rule, you cannot cancel a settlement by saying you misunderstood something. Exceptions are limited, for example a mistake about a matter outside the dispute itself (Civil Act, Article 733).
The Supreme Court of Korea has also held that if you accept a set amount and agree to give up the rest of your claims, you generally cannot claim more later, even if the damage grows. Serious after-effects that could not be foreseen at the time can be an exception, but this is applied narrowly, and in that case the court upheld the settlement (Supreme Court, March 23, 2000, Case 99다63176).
CHECK THE WORDING
「향후 본 건과 관련하여 민·형사상 일체의 이의를 제기하지 않는다」 「본 합의로써 본 건에 관한 모든 분쟁이 종결되었음을 확인한다」 「병원 측에 의료상 과실이 없음을 확인한다」 「환불금 ○○원을 지급하며, 이로써 일체의 손해배상에 갈음한다」 「본 합의 내용 및 시술 관련 사항을 SNS·후기 등 외부에 공개하지 않으며, 위반 시 위약금 ○○원을 지급한다」
Look for wording like this
Be especially careful if the Korean document contains wording like the examples below. Compare them with the Korean text you were given.
I confirm that all disputes regarding this matter are ended by this agreement.
This is wording used to mean “no further claims.”
I confirm that the clinic was not medically negligent.
This may be used against you if you later argue that the clinic was negligent.
The clinic pays a refund of KRW ○○, which replaces all compensation for damages.
If the refund covers only the procedure fee, this can mean giving up treatment costs and compensation.
I will not disclose this agreement or anything about the procedure on social media, reviews or elsewhere, and will pay a penalty of KRW ○○ if I do.
You may also be asked to delete reviews you already posted. Check the penalty amount, too.
Actual wording differs from document to document, and similar phrases can mean different things. Send us photos of the document and a lawyer will check it.
REFUND
What does the refund cover?
If the refund covers only the procedure fee but the document says it “replaces all compensation for damages,” you may no longer be able to claim costs like these:
- The procedure fee
- Treatment and medicine at another hospital
- Revision surgery
- Travel and accommodation to come back to Korea
- Income lost while you could not work
- Compensation for mental distress
RE-SURGERY
If a revision surgery is promised, get it in writing
Do not rely on spoken promises or chat messages alone. Ask the clinic to write the terms into the agreement itself.
- Which doctor will perform it
- By when it will be done
- Who pays, and what exactly is free
- What happens if the revision does not fix the problem
- Whether you may choose treatment at another clinic
- Who pays travel and accommodation for the return visit
BEFORE YOU SIGN
What to do before you sign
- Do not sign on the spot
Tell the clinic you want to take it home and check it. Do not sign a Korean document you do not understand.
- Photograph every page
Take clear photos of all pages so the text can be read.
- Get copies of your medical records first
A hospital cannot refuse a patient’s request without a legitimate reason (Medical Service Act, Article 21). It may be harder to get cooperation after you sign.
- See another doctor
Check your current condition and expected treatment before you think about the amount.
- Send the document to a lawyer
Email us the photos and we will explain the content in English.
ALREADY SIGNED
If you have already signed
Do not give up yet. Send us the document. There may be room to challenge the settlement if serious after-effects appeared that could not be foreseen (see the Supreme Court decision above), if you signed because you were deceived or threatened (Civil Act, Article 110), or if the terms were grossly unfair and took advantage of your difficult situation or lack of experience (Civil Act, Article 104).
However, each of these is recognized only narrowly, and the outcome depends on the facts. Please contact us early.
This page is general information, not legal advice for your situation.
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