South Korea is one of the sought-after spots for medical tourism. In particular, Korean plastic surgery clinics are internationally renowned for their advanced techniques and relatively affordable costs. Every year, thousands of foreign patients visit Korea for cosmetic procedures.

However, like all medical interventions, plastic surgery carries risks. Some patients suffer from medical accidents or unsatisfactory results, leading to physical, emotional, and financial harm.

This article outlines what legal rights foreign patients have when they experience plastic surgery malpractice in Korea or unexpected outcomes after undergoing treatment in Korea—and how they can pursue compensation based on Korean law and actual court precedents.

Foreign Patients Are Eqaully Protected from the Plastic Surgery Malpractice in Korea

Korean laws and courts provide the same legal protection to foreigners as they do to Korean nationals. This means foreign patients can file a claim for compensation against a hospital or medical practitioner through the same legal procedures as Korean citizens.

Key Legal Provisions:

• Civil Act Article 750: Liability for damages caused by intentional or negligent conduct

• Medical Dispute Mediation and Arbitration Act Article 3: Foreign nationals are also entitled to dispute resolution and compensation

• Act on Support for Overseas Expansion of Medical Services and Attraction of Foreign Patients Article 8: Medical institutions must explain the diagnosis, treatment method, and possible side effects in a foreign language

Read more: When Do I Need a Personal Injury Lawyer in Korea? – A Guide to Personal Injury Compensation in Korea

What Are Your Legal Rights in Case of Malpractice or Unsatisfactory Results?

Compensation for Medical Negligence

According to the Korean Supreme Court, physicians performing cosmetic procedures are obligated to thoroughly assess the necessity, method, timing, and scope of the surgery. They must take extra care to avoid causing physiological or functional harm.

When a physician breaches this duty of care, and such negligence causes complications, physical pain, or cosmetic damage, the patient has a valid claim for damages under tort liability.

For instance, performing long procedures like liposuction without monitoring the patient’s vital signs, or failing to take emergency action after anesthesia-induced hypoxia, would constitute clear medical negligence.

Compensation for Breach of Informed Consent

In cosmetic surgery, the duty to obtain informed consent is especially strict. Even if the surgery itself was technically error-free, the physician can still be held liable if they failed to properly inform the patient of the risks and nature of the procedure.

The Korean Supreme Court has held that cosmetic surgeons must clearly explain:

• The necessity and difficulty of the procedure

• The expected aesthetic changes

• Possible risks and side effects

This allows the patient to make a fully informed decision.

Examples of informed consent violations include:

• Performing orbital fat grafts or under-eye fat injections without prior consent

• Conducting additional procedures such as buttock fat transfer or breast implant replacement without written agreement

• Failing to inform patients of possible sensory loss after labiaplasty

 

Real Case Examples of Medical Malpractice in Cosmetic Surgery

Case 1: Death After Liposuction and Fat Grafting

A 19-year-old Chinese woman died after undergoing a fat removal and buttock fat grafting procedure that lasted over 11 hours. During the entire surgery, her vital signs were not monitored, and there was a delayed response to anesthesia-related complications. The Seoul court ruled this was a clear case of negligence and awarded damages exceeding KRW 120 million, including lost income and emotional distress.

Case 2: Post-Canthoplasty Complications

A patient underwent multiple eye surgeries in multiple plastic surgery clinics in Kangnam, Seoul, including lateral canthoplasty, and developed complications such as ectropion, entropion, dry eyes, and facial scarring. The Seoul court held both the first and second clinics liable for surgical negligence and failure to properly explain risks.

The court found that the clinic unnecessarily excised the medial part of the lower eyelid during surgery, which caused the patient to suffer from ectropion and scarring. Furthermore, the clinic failed to prove that it had properly informed the patient of the possibility of developing ectropion after the procedure. As a result, the court ruled that the clinic was liable not only for surgical negligence but also for breaching its duty to explain the associated risks.

The court recognized a 5% impairment of the patient’s earning capacity due to facial scarring, and awarded damages totaling approximately KRW 100 million, including KRW 36 million for lost income, KRW 69 million in medical expenses, and KRW 5 million in emotional distress compensation.

Case 3: Septal Mucosa Damage During Rhinoplasty

In this case, both nasal septa were injured during rhinoplasty. The Seoul Court ruled that when no other cause can be reasonably found for the injury, it can be presumed to have resulted from medical negligence.

Case 4: Failed Revision Rhinoplasty for Nasal Asymmetry

The patient underwent revision rhinoplasty to correct asymmetry but was only given an ear cartilage graft instead of proper osteotomy.

The Suwon court pointed out that although osteotomy was necessary to correct the nasal asymmetry, the surgeon proceeded with a simpler procedure using ear cartilage grafting instead. This approach failed to improve the asymmetry. The court held that the surgeon’s failure to choose a method appropriate to the patient’s condition constituted medical negligence and awarded compensation accordingly.

Case 5: Infection After Autologous Fat Graft

A patient suffered an infection and scarring after a fat graft for nasal augmentation. The Seoul court found the clinic liable due to lack of proper pre-op explanation, poor infection prevention, and inadequate post-op care.

Case 6: Filler Migration After Buttock Augmentation

Following a buttock filler injection (Aqua Filling), the substance migrated to the groin and knees, causing lumps and pain to the patient. The Seoul Court recognized the clinic’s failure to explain risks and monitor aftercare and held them liable for damages.

 

Legal Process for Claiming Compensation

If a medical accident occurs, foreign patients can pursue compensation through formal legal procedures in Korea.

One of the first options to consider is filing for mediation through the Korea Medical Dispute Mediation and Arbitration Agency (K-Medi). This method is generally faster and less costly than civil litigation. Foreign nationals are also eligible to apply, and if a mediation agreement is reached, it carries the same legal effect as a court settlement.

If the medical institution fails to pay the agreed compensation after mediation, there is a system in place that allows the patient to apply for subrogation payment from the agency.

In cases where mediation is unsuccessful or if the patient prefers to go directly to court, a civil lawsuit can be filed to pursue legal liability. Foreigners residing in Korea can file a lawsuit directly, while those living abroad may appoint a Korean attorney to act on their behalf in litigation.

 

Types of Damages That Can Be Compensated

Compensable damages include:

• Refund of original surgery costs

• Future corrective surgery and treatment expenses

• Travel and accommodation for medical purposes

• Lost income due to reduced work capacity (known as “lost earning potential”)

• Compensation for emotional suffering

Loss of Earning

This refers to income the patient would have earned if not for the injury. For foreigners, income loss during residence in Korea is calculated based on Korean wages, and beyond that based on their home country’s average income.

In cosmetic cases, if the injury only affects appearance and not bodily function, courts may not recognize work capacity loss unless the disfigurement impacts the patient’s profession or social life. In such cases, a 5–10% impairment may be recognized.

Emotional Damages (Pain & Suffering)

Korean courts typically award between KRW 3 million to 30 million (approx. USD 2,200–22,000) depending on the severity and permanence of the disfigurement in plastic surgery cases.

 

What to Do If a Medical Accident Occurs

If you suspect medical malpractice, it is critical to collect evidence early:

• Obtain medical records, consent forms, and before-and-after photos

• Seek follow-up evaluations from other clinics and request written opinions

• Document psychological or occupational effects

• Consult an attorney experienced in Korean medical dispute cases

Korean law grants all patients—regardless of nationality—the right to access their medical records and file complaints.