J Korean Med Assoc.  2025 Mar;68(3):148-156. 10.5124/jkma.2025.68.3.148.

Medical accident compensation systems in obstetrics: a comparison among Korea, Japan, and Taiwan, with suggestions for Korea

• Lee KN
• Kim SH
• Lee SJ
• Jang W
• Na S
• Kim SY

• KMID: 2566568
• DOI: http://doi.org/10.5124/jkma.2025.68.3.148

Abstract

Purpose
Korea’s medical accident compensation system is a vital national initiative designed to create a stable environment for both mothers and healthcare professionals. This article examines how Korea's neighboring countries, Taiwan and Japan, operate their obstetric compensation systems to draw lessons and implications for Korea's approach.
Current Concepts
Korea's medical malpractice compensation system is fully funded by the government, and the amount is determined by the Compensation Review Committee, which considers the type of accident and, in cases of cerebral palsy, the degree of impairment, with awards reaching up to 30 million won. Japan experienced severe declines in birth rates, a shortage of obstetricians, and the closure of maternity hospitals due to increasing medical litigation. In response, the government ,in 2009, introduced a no-fault obstetric compensation system that covers cerebral palsy cases regardless of negligence. Taiwan faced a surge in medical disputes, particularly in obstetrics and gynecology, with maternal lawsuits comprising 14% of all cases. In 2016, the government introduced the Childbirth Accident Emergency Relief Act, achieving a 93.9% compensation approval rate
Discussion and Conclusion
Observing these challenges, young doctors are increasingly dissuaded from pursuing careers in obstetrics and gynecology doctor, thereby accelerating the decline of maternity care services. To maintain a stable medical environment, compensation amounts should be adjusted to reflect actual medical costs, and reimbursement rates for obstetric procedures should be re-evaluated. Drawing on the successful implementations in Japan and Taiwan, South Korea must establish a sustainable and protective obstetric care system at the national level.

Keyword

Obstetrics; Medical dispute mediation act; Medical accident compensation systems; 산과학; 의료분쟁조정법; 의료사고 보상제도