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Consumer Dispute Resolution

Dispute mediation committee according to area

Financial Dispute Mediation Committee

Medical Dispute Mediation Committee

E-Commerce Mediation Committee

Environmental Dispute Mediation Committee

Personal Information Dispute Mediation Committee

Dispute mediation committee according to area

Dispute mediation committee

- Conducting dispute resolution through civil litigation takes time and money. Therefore, alternative methods of dispute resolution including settlements, mediations, and arbitrations are often used.

- The dispute mediation system is an alternative method of dispute resolution, which takes into consideration the situations of the parties involved and yields a solution through mutual concessions. Disputes are resolved with greater flexibility than litigations and are aided by professional expertise. Mediations carry the advantage of having a low cost, so mediations are an option that consumers may find to be more convenient. Mediations reached by each dispute mediation committee have the same effectiveness as judicial settlements.

- In Korea, there are separate committees established for each law for mediating disputes in fields ranging from finance, medicine, electronic transactions, environment, copyright, and personal data.

※ Cases which are referred to the Consumer Dispute Mediation Commission of the Korea Consumer Agency must first have received recommendation for a settlement from the Korea Consumer Agency or a consumer organization. To have the dispute mediated by the dispute mediation committee for the field, application for mediation has to be submitted to the field dispute mediation committee through the procedure described by law.

Financial Dispute Mediation Committee

Financial Consumer Protection Department (http://consumer.fss.or.kr)

Category	Description
Applicant	Finance consumers such as finance-related organizations and account holders as defined in Article 38 of the 「Act on the Establishment, etc. of Financial Services Commission」 and other stakeholders (Article 53(1) of the 「Act on the Establishment, etc. of Financial Services Commission」).
Application Procedure	Submit the application form for dispute mediation and attach the following documents: (Article 13(1) of the 「Enforcement Decree of the Act on the Establishment, etc. of Financial Services Commission」) 1. The reason for the dispute mediation application and documents that prove the facts; 2. A power of attorney if an agent is applying on the party’s behalf; 3. Other documents needed for the dispute mediation.
Period of Mediation	A period of 60 days from the day the dispute mediation application is received (Article 53(4) of the 「Act on the Establishment of Financial Services Commission」).
Mediation Decision	If the parties in dispute accept the draft of the mediation proposals, then mediation is reached (Articles 53(5) and 55 of the 「Act on the Establishment of Financial Services Commission」 ). However, the parties must notify their intent to accept the mediation within 20 days of receiving the draft of the mediation proposals. Failure to do so will be regarded as rejecting the mediation proposals (Article 21(1) and (2) of the 「Act on the Establishment, etc. of Financial Services Commission」).
Mediation Case	Mediation over the refusal to pay injury insurance claims on the case of a patient who had unexpectedly become afflicted with femoral head avascular necrosis (AVN) during treatment.
Mediation Case	As an insurance-related accident, a definite cause and effect relationship between the accident and injury was involved. In this case, such a relationship was difficult to establish and unless there is counterevidence, there is no obligation on the part of the insurance company to provide the financial coverage specified in the contract.

Medical Dispute Mediation Committee

Korea Medical Dispute Mediation and Arbitration Agency (http://www.k-medi.or.kr)

Category	Description
Applicant	Parties involved in medical disputes or their agents (Article 27(1) and (2) of the 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」)
Application Procedure	The parties involved in the medical dispute or their representatives must apply at the Korea Medical Dispute Mediation and Arbitration Agency (Article 27(1) of the 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」).
Period of Mediation	A period of 90 days from the date the mediation procedure commences (Article 33(1) of the Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes).
Mediation Decision	If both parties in the dispute agree or are considered to be in agreement on the mediation decision, then a mediation is reached (Article 36(3) of the 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」).
Mediation Case	An elderly woman in her 70s died of multiple organ failure caused by sepsis after undergoing operation for carpal tunnel syndrome. The doctor who performed the operation requested mediation, claiming that there was no negligence.
Mediation Case	The Medical Dispute Mediation and Arbitration Agency found that the elderly woman was suffering from diabetes, hypertension, and had previously underwent an operation for cerebral aneurysm, making her a high-risk patient. The agency concluded that the medical team’s measures were inadequate as preoperative examinations showed high risk of infections. The second operation, which was carried out two days later, could have been a burden on the elderly patient and was deemed inappropriate. However, taking into consideration of the fact that the deceased was elderly with a history of ailments, and had worsened her condition by removing the oxygen feeding pipes, the agency mediated for the client to pay the patient a damage compensation of KRW 50 million. < Source: Korea Medical Dispute Mediation and Arbitration Agency >

E-Commerce Mediation Committee

Mediation Committee of Disputes on Electronic Documents and Electronic Transaction (https://www.ecmc.or.kr)

Category

Description

Applicant

Consumers who received damage that was related to electronic documents and transactions (Article 33(1) of the 「Framework Act on Electronic Documents and Transactions」 )

※ Except for consumers who already completed a dispute mediation based on other laws.

Application

Procedure

Apply by phone, email, and at the website of the E-Commerce Mediation Committee (http://www.ecmc.or.kr).

Period of

Mediation

A period of 45 days from the day the dispute mediation application is received (Article 33(4) of the 「Framework Act on Electronic Documents and Transactions」 ).

Mediation

Decision

A mediation is reached when the party involved ① agrees to the mediation proposals put forth by the E-Commerce Mediation Committee or ② the party submitted a mediation agreement to the committee (Article 35(1) of the 「Framework Act on Electronic Documents and Transactions」 )

Mediation

Case

The applicant ordered a bag from an online business, but after checking the delivered product, the quality of the bag did not meet the applicant’s expectations. The applicant requested a return and reimbursement from the business operator. The applicant contacted the delivery company designated by the business operator, but the company was closed that day due to a long weekend. The applicant called the business operator who told the applicant that it was impossible to send the bag through the post office since they were open for the day. He returned the purchased good that day with the delivery cost paid on arrival. Afterwards, the business operator asked the applicant to deposit the fee for the round trip delivery. The applicant sent KRW 6,000 (first delivery fee: KRW 3,500; delivery fee stated in the instructions for returning: KRW 2,500) to the business operator and requested a cancellation of the original card payment. The business operator claimed that the fee for the round trip delivery was KRW 9,500 (first delivery fee: KRW 3,500; return fee using the post office delivery: KRW 6,000) and asked for an additional KRW 3,500, resulting in a dispute.

When a buyer returns a purchased good because of a change in mind, the buyer is responsible for paying for the delivery fee. However, in this case, the applicant faced a situation where the designated delivery company as well as other delivery companies were not in operation that day. The applicant asked the business operator about other delivery companies that he could use to return the purchased good. The applicant followed the business operator’s advice and used the post office delivery service to return the good. Therefore, taking into consideration the involved party’s intent to seek mediation, it is advisable for the business operator to cancel the applicant’s card payment with the condition that the applicant pay the KRW 1,500, which must be paid to the business operator.

< Source: E-Commerce Mediation Committee’s dispute mediation story >

Environmental Dispute Mediation Committee

National Environmental Dispute Resolution Commission (http://ecc.me.go.kr)

Category	Description
Applicant	A person who wants to mediate a dispute related to the environment (「Environmental Dispute Adjustment Act) Article 16 Clause 1) or an environmental organization (「Environmental Dispute Adjustment Act」 Article 26 Clause 1)
Application Procedure	Submit an application for mediation that details the purpose and reasons for applying, chronology of the dispute, time and place where the environmental damage occurred (「Environmental Dispute Adjustment Act) Article 16 Clause 1 and 「Enforcement Decree of the Environmental Dispute Adjustment Act」 Article 8).
Period of Mediation	A period of nine months from the day the dispute mediation application is received (「Enforcement Decree of the Environmental Dispute Adjustment Act」 Article 12).
Mediation Decision	A mediation is reached when the party involved agrees to the mediation proposals put forth by the Environmental Dispute Mediation Committee (「 Environmental Dispute Adjustment Act 」 Article 33 Clause 1).
Mediation Case	A building was in the process of renovation. The sounds from the removal of the steel beams and the cement building, as well as the evening construction hours caused damage.
Mediation Case	According to the 「Framework Act on Environmental Policy」, the business is responsible for paying for the cost of damage relief from environmental pollution. It must pay a compensation amount equal to 00 KRW.

Copyright Dispute Mediation Application System

Korea Copyright Commission (https://www.copyright.or.kr)