The New Korean In Vitro Diagnostic Medical Devices Act 2020

As proposed in April 2019 by the Korean Chair of the Health and Welfare Committee, the Korean In Vitro Diagnostic Medical Devices Act (hereinafter as “Korean In Vitro Act”) intends to, among other things,: “…ensure the safety and quality of in vitro diagnostic medical devices, to strengthen global competitiveness thereof, and furthermore, to contribute to the improvement of public health and the development of vitro diagnostic medical devices, by specifying

Continue reading

Korean Medical Malpractice Law and the Medical Malpractice Arbitration System: Suing a doctor in Korea

So you want to sue your Korean doctor in a Korean court?  IPG has handled numerous medical malpractice matters for plaintiffs and defendants of medical malpractice cases in Korea in Korean courts and we were, prior, to having knowledge of the composition of the new Korean Medical Dispute Mediation and Arbitration Agency – were very pessimistic about its usefulness for plaintiffs. When we first heard about the enactment of the new

Continue reading

Korean Medical Malpractice Arbitration Law

Korean Medical Malpractice lawsuits are often compared to “Beating one’s head against the wall,” since Korean medical malpractice lawsuit are, typically, difficult for patients to prevail in.  In medical malpractice cases, in Korea, and in most developed jurisdictions, the plaintiff has the duty to establish, among other things, a nexus between the alleged injury and the actions or in actions of the doctor.  Proving this nexus is, often, difficult because

Continue reading

English-speaking Korean lawyers and International Lawyers at International Law Firm in Korea discussing issues of Korean Law

IPG Legal is a leading client-focused international law firm with offices in Korea that is, often, selected over the ubiquitous Korean Law Firms when success is essential and success depends on nuanced street-smart advice, proactive  and unconflicted representation. Our attorneys are, intentionally. different from the crowd.  From our retired judge partners to our junior associates, we are all trained with an intense focus on client success, lawyer proactivity, and to understand

Continue reading

Korea’s Medical Devices Act Amendment: Monetary and Monetary-Like Benefits to Healthcare Workers

The Korean government is fighting the pervasive practice of rewarding doctors and other healthcare providers for utilizing the products of medical device and pharmaceutical companies.  A passive quid pro quo has led, in the eyes of many in the Korean government, to an industry that is dominated by a few players (most of which are noted foreign players). The Korean Medical Devices Act and clarifying rules prohibit manufacturers and importers

Continue reading

Class Action/Mass Tort Actions in Korea

Plaintiffs in Korea, with rare exceptions, are unable to file class action lawsuits in Korean courts.  The, only, two exceptions are under the Securities-Related Class Action Act of Korea (derivative/shareholder suits) and certain limited product liability claims under the Consumer Act of Korea (Suits by designated consumer advocacy groups or organizations). However, because of a recent massive data leak by major Korean-based banks, numerous NGOs, some attorneys and legislators have,

Continue reading

Medical Malpractice Arbitration System in Korea: A Good Option for Many Plaintiffs

IPG has handled numerous medical malpractice matters for plaintiffs and defendants of medical malpractice cases in Korea in Seoul courts and we were, prior, to having knowledge of the composition of the new Korean Medical Dispute Mediation and Arbitration Agency very pessimistic about its usefulness for plaintiffs. When we first heard about the enactment of the new Korean medical malpractice law we were skeptical if the system would be useful

Continue reading

Korean Medical Malpractice Arbitration System: Korean Medical Malpractice Attorneys in Seoul, Korea

The Korean National Assembly, recently, passed a law that will create a state agency with the authority to control arbitration of medical malpractice cases in Korea. The facial thrust of the new law is to reduce the cost and time of resolving Korean medical malpractice cases. My Irish pessimism leads me to believe that this is more of a tool for doctors to avoid the shame and time associated with

Continue reading