First, we look at the telemedicine subordinate regulations that clinics, hospitals and intermediary platforms need to watch, followed by a court ruling worth noting when disputing the amount of a penalty surcharge, and news on business certification and filings.
Today’s 3 key points
- The amended Medical Service Act institutionalizing telemedicine takes effect on Dec 24, and comments on the draft Enforcement Decree are accepted until Nov 2.
- The Gwangju District Court cancelled a 593.22 million won penalty surcharge imposed on a nursing hospital with net profit of about 6 million won, finding it a deviation from and abuse of discretion.
- Design applicants filing 3D drawings will be guided to check them in the examination viewer before submission, and it was pointed out that 1,866 women-owned business confirmations for closed businesses remained uncancelled.
1. Telemedicine Enforcement Decree pre-announced — effective Dec 24, standards relaxed during crisis alerts and collective closures
- What changes — On Sept 23, the Ministry of Health and Welfare pre-announced a partial amendment to the Enforcement Decree of the Medical Service Act covering matters delegated for telemedicine. When a disaster crisis alert of “Serious” or an infectious disease crisis alert of “Alert” or higher is issued, or when in-person care becomes significantly difficult due to war, a large-scale disaster, or collective suspension, closure or stoppage of care by medical personnel or medical institutions, telemedicine standards may be relaxed.
- Delegated tasks — Receipt and analysis of non-covered treatment records goes to the Health Insurance Review and Assessment Service, the support system and e-prescription system to the National Health Insurance Service, and reporting and certification of intermediary platforms to the Korea Health Information Service. The draft includes a fine of 600,000 won for failing to submit non-covered treatment records and 1 million won for submitting false records. Exceptions for hospital-level institutions will be set separately in the Enforcement Rules.
- Who is affected — Clinics and hospitals planning to offer telemedicine, and operators of telemedicine intermediary apps and platforms
- When — The amended Medical Service Act takes effect Dec 24, 2026 (promulgated Dec 23, 2025). The Enforcement Decree is at the pre-announcement stage (comments until Nov 2)
- Administrative agent’s note — Intermediary platforms will very likely need to complete reporting and certification procedures before December. Detailed documents and certification criteria are expected in the Enforcement Rules and public notices, so we recommend planning your schedule after reviewing the final versions from November onward.
- Source: Doctors News · Telemedicine Enforcement Decree pre-announced… standards relaxed in emergencies and collective closures (primary source: Ministry of Health and Welfare legislative pre-announcement of the partial amendment to the Enforcement Decree of the Medical Service Act)
2. 590 million won penalty surcharge on a hospital with 6 million won net profit — ruled a “deviation from and abuse of discretion”
- What changes — The Gwangju District Court 1st Administrative Division ruled in favor of a medical corporation in its lawsuit against a district head seeking cancellation of a penalty surcharge. The surcharge was imposed in lieu of a two-month business suspension because an on-duty doctor had a nurse issue a death certificate without examining the patient in person. The district office calculated 593.22 million won by multiplying the daily amount of 9.887 million won for the annual total revenue bracket (over 9 billion won up to 10 billion won, i.e. 9–10 billion won) by 60 days.
- Court’s reasoning — The hospital’s net profit was about 3.5 million won in 2023 and about 6.1 million won in 2024. The court held that the penalty surcharge calculation standard in the Enforcement Decree should be read as an upper limit, not a fixed amount, and that the district office applied it mechanically without considering the circumstances of the violation, the illegal gain or the hospital’s financial condition. It cancelled the disposition in full. The district office has appealed to the Gwangju High Court.
- Who is affected — Medical institutions and business operators in general that received a penalty surcharge in lieu of a business suspension
- When — First-instance ruling (appeal pending, not final)
- Administrative agent’s note — If you have received a penalty surcharge disposition, start by checking how the calculation basis is stated in the disposition notice. An administrative appeal must be filed within 90 days of the day you learned of the disposition, so it is best to organize your financial records and materials on the circumstances of the violation within that period.
- Source: Doctors News · Net profit 6 million won, penalty surcharge 590 million won: “abuse of discretion” ruling (report on the Gwangju District Court 1st Administrative Division ruling)
3. Amendment to the Enforcement Rules of the Design Protection Act — stronger guidance to check 3D drawings in the examination viewer before submission
- What changes — The Ministry of Intellectual Property has pre-announced a partial amendment to the Enforcement Rules of the Design Protection Act. It strengthens guidance so that applicants check in the examination viewer whether a design displays correctly before submitting a 3D modeling file (3D drawing) with a design application, and, if it does not display correctly, submit an alternative such as a different 3D file or 2D drawings. The aim is to reduce amendments and supplements during examination.
- Who is affected — Designers and small and medium-sized businesses that file design applications themselves using 3D drawings
- When — Pre-announcement stage (comments until Nov 2), effective date ⚠️ needs confirmation against the original
- Administrative agent’s note — If a 3D drawing breaks in the viewer, an amendment request may delay registration. Open it once in the viewer before filing, and if there is a problem, prepare 2D drawings as well.
- Source: IP Daily · Preventing submission errors for 3D modeling files (3D drawings) (primary source: Ministry of Intellectual Property legislative pre-announcement of the partial amendment to the Enforcement Rules of the Design Protection Act)
4. Businesses closed but still confirmed as women-owned — 1,866 cancellations never requested
- What changes — According to an analysis of the Ministry of SMEs and Startups’ internal audit results by Rep. Lim Mun-young of the National Assembly Trade, Industry, Energy, SMEs and Startups Committee, of the 90,130 women-owned business confirmations valid at the time of the audit, 1,866 belonged to businesses that had already closed, yet the Korea Women Entrepreneurs Association had not asked the competent regional SMEs and startups office to cancel them. The lawmaker’s office called for a standing management system linking business closure data with confirmation data.
- Who is affected — Businesses holding a women-owned business confirmation, and businesses receiving public procurement preferences
- When — Not a system change (a parliamentary audit finding). Follow-up management may be tightened
- Administrative agent’s note — Because women-owned business confirmation is tied to preferences in public procurement, you should recheck the confirmation requirements whenever there is a change of representative, a suspension or closure, or a change in shareholding. If follow-up management is tightened, procedures asking whether requirements are still met may increase.
- Source: Kyeonggi Maeil · Closed, yet still “confirmed women-owned business”… 1,866 not even cancelled (primary source: Ministry of SMEs and Startups internal audit results, released by the lawmaker’s office)
Deadlines to watch this week
- Nov 2 — Comment deadline for the draft amendments to the Enforcement Decree of the Medical Service Act (telemedicine) and the Enforcement Rules of the Design Protection Act
- Dec 24 — Amended Medical Service Act institutionalizing telemedicine takes effect
This briefing is a guide compiled by Hwang Yunsang Administrative Agent Office based on publicly available materials. Whether it applies to an individual case should be confirmed with the competent authority.