FAQ

a total of 20cases
Number Title Count Registration Date Attached File
10 [Foreign Patients Attraction] When performing business such as introduction, interpretation or reservation of a hospital through SNS personal account, registration of foreign patient attracting institution is necessary? 1 2023-12-26
[Foreign Patients Attraction] When performing business such as introduction, interpretation or reservation of a hospital through SNS personal account, registration of foreign patient attracting institution is necessary?
Count : 1
Registration Date : 2023-12-26
By the revision of "the Medical Service Act" in 2009, foreign patients can be attracted for profit making purpose. However, when a medical institution or other business provider performs behavior of foreign patient attraction, registration to mayors and governors is necessary.

- 'Profit Making Purpose' refers to purpose to pursuit economic income. When a medical institution or a patient attracting broker yields economic income, attraction registration is necessary. Therefore, if income occurs by acting as a proxy in operating businesses such as interpretation, reservation, etc. through personal account and fee for introducing a hospital is given, the proxy shall necessarily register as a foreign patient attracting institution. (There is a precedent that the performer of medical behavior may not be a beneficiary or a management main body of the economic income.)
9 [Foreign Patients Attraction] If we open a foreign language homepage for providing simple information (rough map, location, etc.) or for promoting with no intension of attracting foreign patient, will it be regarded as foreign patient attracting behavior? 1 2023-12-26
[Foreign Patients Attraction] If we open a foreign language homepage for providing simple information (rough map, location, etc.) or for promoting with no intension of attracting foreign patient, will it be regarded as foreign patient attracting behavior?
Count : 1
Registration Date : 2023-12-26
The range of foreign patient attracting behavior is as the follow; ① behavior of receiving consultation or appointment, or treating through introduction of patients from foreign patient attracting broker, overseas medical institution or agency ② behavior of providing treatment information to foreign patients through foreign language homepage, etc. ③ behavior of hiring a task force for foreigners (medical interpretation, coordination, etc.) or providing convenience information on issuance of medical tourism visa, transport, lodging, etc. for foreign patients. Details are as the followings;

➀ Conclusion of Appointment/Contract
- consultation application or reservation of foreign patients through telephone, internet, etc.
* patient according to Article 2, Clause 1 of "Law Concerning Emergency Care" is not included.
- Behavior of receiving introduction of patients by paying fee to foreign patient attracting broker, overseas medical institution or agency

➁ Provision of Treatment Information about Foreign Patients
- Behavior of developing foreign language homepage, smart phone application and operating SNS
* In case of providing specialized information of appointment, consultation for foreign patients, although homepage which provides simple information in English, bridge language is not regarded as attracting behavior.
- Behavior of performing medical advertisement in foreign language
* Allowed only in duty free shops such as bonded shops, international airport, trade port, etc. (Article 15, Clause 1 of "Medical Overseas Expansion Law (abbreviation)")
- Behavior of introducing or recommending foreign patients to another attracting institution
- Behavior of providing pre and post service such as consultation and education of patient health and disease to medical personnels in abroad using computer, visual communication system, telephone, etc.

➂ Offering Convenience concerning Treatment such as Transport, Lodging Information
- Behavior of developing/merchandising product and issuing/providing discount coupons to promote use of medical institutions by foreign patients
- Behavior of proving service to foreign patients by hiring foreigner nurse practitioners, coordinators, interpreters, etc.
8 [Foreign Patients Attraction] If a patient attracting broker who introduced and recommended treatment contract of foreign patients in registered medical institutions is an unregistered attracting institution, are the medical institutions legally responsible? 1 2023-12-26
[Foreign Patients Attraction] If a patient attracting broker who introduced and recommended treatment contract of foreign patients in registered medical institutions is an unregistered attracting institution, are the medical institutions legally responsible?
Count : 1
Registration Date : 2023-12-26
In accordance with Article 24, Clause 1, Paragraph 4 of "Medical Overseas Expansion Law (abbreviation)" (Cancellation of Registration), when a foreign patients attracting medical institution is introduced or recommended treatment contract of foreign patients from anyone other than registered foreign patients attracting broker, registration may be canceled. In addition, application of registration is restricted until one year has elapsed from the cancellation date in accordance with Clause 2.

- Registration may be also revoked when treatment contract of foreign patients is introduced or recommended by a foreign patients attracting broker to a medical institution other than a foreign patients attracting medical institution.
- In addition, if a registration revoked institution continues foreign patients attracting business, the institution should serve a jail term of up to 3 years or pay a fine of up to 30 million won in according to Article 28 (Penalty) of the same law.
- As for registration of foreign patients attraction, refer to foreign patients attracting information system (https:// www.medicalkorea.or.kr) at Korea Health Industry Development Institute(KHIDI) or competent enquiry of metropolis and province.
7 [Medical Service Act] Is there any case of violating the Medical Service Act in relation with 'Introduction·Recommendation·Luring' Behavior? 1 2023-12-26
[Medical Service Act] Is there any case of violating the Medical Service Act in relation with 'Introduction·Recommendation·Luring' Behavior?
Count : 1
Registration Date : 2023-12-26
⊙ 'Introduction·Recommendation·Luring' behavior specified in Article 27, Clause 3 is as the followings;
- (Introduction·Recommendation) Behavior of intermediating the establishment of treatment delegation contract or accommodating convenience among patients and specific medical institutions or medical personnels
- (Luring) behavior of inducing a patient to make a treatment entrust contract with specific medical institution or medical personnel by means of fraud or attraction
6 [Medical Service Act] Can we regard that a behavior of providing treatment fee discount benefit, etc. to experience team corresponds to violation of the Medical Service Act? 0 2023-12-26
[Medical Service Act] Can we regard that a behavior of providing treatment fee discount benefit, etc. to experience team corresponds to violation of the Medical Service Act?
Count : 0
Registration Date : 2023-12-26
⊙ Considering that in the process of collecting and operating an experience team by a medical institution, the experience of using medical institution of corresponding experience team can be utilized in a form of treatment effect misunderstanding advertisement such as treatment experience story which is prohibited by medical laws, and that when providing treatment fee discount benefit, etc. to an experience team, such behavior may correspond to behavior of luring and recommending,

- Proceeding collection of medical service experience team and advertising this can disrupt medical market order in the community, so such behavior may correspond to violation of the Medical Service Act.

⊙ For reference, in relation with patients luring and recommendation behavior, the Supreme Court declared the intent of Article 27, Clause 3 of the Medical Service Act; "...in that the intent is to prevent occurrence of corruption such as bribery acception, etc. surrounding patient attracting business around medical institutions and to prevent illegal excessive competition between medical institutions..." (the Supreme Court 2008.2.28. Declaration 2007Do10542) and determined that 'Introduction or Recommendation' refers to a behavior of intermediating establishment of treatment delegation contract or accommodating convenience among patients and specific medical institutions or medical personnels (the Supreme Court 2004.10.27. Declaration 2004Do5724 Decision).

(* Source: authoritative interpretation of the Ministry of Health and Welfare)
5 [Medical Service Act] If we write simple information (rough map, location, etc.) in foreign language, can it be regarded as foreign patient attracting behavior? 0 2023-12-26
[Medical Service Act] If we write simple information (rough map, location, etc.) in foreign language, can it be regarded as foreign patient attracting behavior?
Count : 0
Registration Date : 2023-12-26
⊙ Foreign patient attracting behavior may include; ① behavior of receiving consultation or appointment, or treating through introduction of patients from foreign patient attracting broker, overseas medical institution or agency ② behavior of providing treatment information to foreign patients through foreign language homepage, etc. ③ behavior of hiring a task force for foreigners (medical, interpretation, coordination, etc.) or providing convenience information on issuance of medical tourism visa, transport, lodging, etc. for foreign patients.

⊙ Behavior of providing treatment information service to foreign patients using homepage, etc. prepared in English or other foreign language opened by a medical institution can be regarded as foreign patients attracting behavior.
4 [Medical Service Act] Can a foreign patient attracting medical institution provide treatment information in a form which can be viewed in Korea through global internet media or hompages, etc. for foreign patients? 1 2023-12-26
[Medical Service Act] Can a foreign patient attracting medical institution provide treatment information in a form which can be viewed in Korea through global internet media or hompages, etc. for foreign patients?
Count : 1
Registration Date : 2023-12-26
⊙ When a foreign patients attracting medical institution which was registered in accordance with Article 6 of "Medical Overseas Expansion Law" introduces* matters concerning medical information, etc. in foreign language by using global internet media or opening additional homepage, it is difficult to regard such behavior as having purpose of operating for native, in that corresponding contents are prepared in foreign language, therefore such behavior will not correspond to domestic advertisement under the Medical Service Act.

* Considering that such advertisement is directly connected with rights and safety of foreign patients and international creditworthiness of Korea's medical service, contents of direct surgical procedure such as contents having worry of misleading treatment effect such as treatment experience story, etc. and surgery scene, etc. shall not be contained.

⊙ In case of providing medical information of foreign patient attracting medical institutions as foreign patients attracting behavior, provision of medical information will be available within the range of attracting behavior in accordance with Medical Overseas Expansion Law.

- (Medical Information) Information of counter (counselling window) such as name of medical institution, medical subjects, medical team, treatment service system (check-in and out procedure), telephone numbers for foreign patients only, etc.
- (Activity Information other than Treatment) Convenience service provision information such as consultation, guidance, etc., introduction of amenities, lodging and transportation information, Visa information, etc.

* When an unregistered foreign patients attracting institution performs foreign patients attracting conduct, the institution should serve a jail term of up to 3 years or pay a fine of up to 30 million won in accordance with Article 28 of "Medical Overseas Expansion Law".
3 [Medical Service Act] Is it corresponds to 'Introduction·Recommendation·Luring' to send event medical advertisement mail to many and unspecified persons by a third party other than a medical personnel? 1 2023-12-26
[Medical Service Act] Is it corresponds to 'Introduction·Recommendation·Luring' to send event medical advertisement mail to many and unspecified persons by a third party other than a medical personnel?
Count : 1
Registration Date : 2023-12-26
⊙ Sending event medical advertisement mail to many and unspecified persons by a third party other than a medical personnel may correspond to violation of the Medical Service Act as it is an execution of medical advertisement by someone who cannot be an advertiser.
⊙ In addition, if the behavior of sending event medical advertisement mail to many and unspecified persons by a third party other than a medical personnel was performed by providing money and variables at the price of introduction or attraction of patients according to a contract between a medical institution and a third party, such behavior may correspond to violation of Article 27, Clause 3 of the Medical Service Act.

⊙ For reference, Article 27, Clause 3 of the Medical Service Act prohibits 'behavior of providing traffic convenience to many and unspecified persons, behavior of introducing, recommending and luring patients of medical institutions or medical personnels for profit making purpose instigating such conducts', and Article 88 of the same law regulates criminal punishment related with such conducts.

▶ Reference Cases

Doctor A and an internet site operating company B conspired with each other and sent event advertisement concerning ophthalmic surgery in e-mail to members of an internet site operated by B, and then performed surgeries on some of applicants who entered for the event according to the contents of advertisement.

→ Behavior of B to send e-mail to members of internet site corresponds to medical advertisement for many and unspecified persons, therefore... (the rest omitted)

(* Source: the Supreme Court 2012. 9. 13. Declaration 2010Do1763)

2 [Medical Service Act] Will progression of medical fee discounting for non-payment items or free of charge event correspond to patient attracting behavior prohibited by the Medical Service Act? 3 2023-12-26
[Medical Service Act] Will progression of medical fee discounting for non-payment items or free of charge event correspond to patient attracting behavior prohibited by the Medical Service Act?
Count : 3
Registration Date : 2023-12-26
⊙ Whether certain behavior corresponds to 'patient attraction' should be judged based on perversion of fair market economy order of medical market and moreover, it should be judged considering whether there is money provision or similar cause, and whether the beneficiary is reasonably limited, etc.

▶ Reference Cases
① In case of performing advertisement of summer special youth discounting event in a hospital homepage announcing that if youths such as middle and high school students receive acne drug scaling treatment, 50% discount will be applied.
→ Above discounting advertisement cannot be regarded as patients luring behavior as it is not thought that such behavior reached the extent of basically damaging the order of medical market, in that above discounting advertisement is limiting the period and target surgical procedure, and moreover the advertisement targets only youths who are financially incompetent.
(* Source: Supreme Court 2008. 2. 28. Declaration 2007Do10542)
② In case of performing event advertisement in a hospital homepage of free treatment by recruiting acne experience team → Even though free treatment itself cannot be regarded as money provision, but such behavior corresponds to patients attracting behavior basically damaging the order of medical market in that treatment of acne for which patient should pay is expected to be considerable seems to be a powerful incentive almost similar to money provision, and in case of above discounting advertisement target was not limited based on reasonable standard such as economic capacity, etc. and the number of patients to be recruited was not expressed.
(* Source: Seoul Administrative Court 2008.12.18. Declaration 2008GooHab32829 /
Authoritative Interpretation of the Ministry of Health and Welfare)
1 [Medical Service Act] Is there any standard in 'money provision' behavior in illegal patients attraction? 3 2023-12-26
[Medical Service Act] Is there any standard in 'money provision' behavior in illegal patients attraction?
Count : 3
Registration Date : 2023-12-26
⊙ Article 27, Clause 3 of the Medical Service Act admits behavior of money provision as typical patients attracting behavior by regulating that no one can perform behavior of introducing·recommending and luring patients of medical institutions or medical personnels for profit making purpose or instigating such behavior without prior consent of competent administrative agency, but kind of money valuables and standard of the amount that can be regarded as patients attracting conducts are not additionally stipulated.
- That is, so far as provided object has economic value, leaving aside its size, whether corresponding behavior corresponds to patients attracting behavior for profit making purpose considering that there is worry of straining fair competition order of medical world by providing such object due to weakening of medical institution which will not provide the object.
▶ Reference Cases
Advertising that 'Rose and perfume case will be provided after consultation.' → corresponds to illegal patients attraction
(* Source: Seoul Administrative Court 2013.1.18. Declaration 2012GooHab34396 /
Authoritative Interpretation of the Ministry of Health and Welfare)
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