"If You Sue, It's the Lesser Evil"... Numerous Cases Unable to Receive Compensation for Side Effects [Foreigners Falling for Korean Beauty]

Blindness, Necrosis, and Death...
Medical Tourism Leads to More Accidents
Hard to Prove Responsibility and High Lawsuit Costs
Legal Experts: "There Are Likely Many More Unreported Victims"

Japanese national Mr. A underwent 'dwit-eum' and 'bit-eum' procedures at a plastic surgery clinic in Seoul to correct his eye shape. These surgeries are known to widen the outer corners of the eyes, making them appear larger and softer. However, after the surgery, Mr. A experienced side effects such as exposed conjunctiva under the eyes and eyelid tightness. Eventually, he returned to Korea a year later for reconstructive surgery and filed a lawsuit against the clinic for mental damages and additional costs. The Supreme Court ruled that the clinic was negligent in not properly securing the surgical area and ordered compensation.

As the number of foreign medical tourists rapidly increases, medical accidents continue to occur. According to the Korea Medical Dispute Mediation and Arbitration Agency on the 16th, 17 foreign patients applied for mediation related to skin and plastic surgery disputes in 2023 alone. Even during the 2020-2021 COVID-19 pandemic, when foreign tourism declined, some consultations continued, and the numbers have been rising again as tourism has become more active. However, many patients return to their home countries without knowing about the mediation agency or proceed directly to lawsuits.

A foreign woman who has undergone plastic surgery is walking down the streets of Myeongdong, Seoul. Photo by Jinhyung Kang

Looking at medical dispute cases, plastic surgery-related accidents occur in various fields ranging from nose filler procedures to liposuction. In January last year, a Chinese woman died after undergoing liposuction at a plastic surgery clinic in Gangnam, and in 2020, the third-generation heir of a Hong Kong conglomerate died during plastic surgery in Gangnam. Another Japanese woman experienced respiratory difficulties due to fat embolism after receiving liposuction, facial fat grafting, and lower eyelid fat repositioning procedures, leading her to file a lawsuit against the hospital for lung function damage. There have also been cases where Chinese tourists suffered skin necrosis and blindness after filler procedures.

The legal community believes that many more unreported cases of damage exist. Medical lawsuits are difficult because proving hospital negligence is challenging, and cooperation with Korean legal professionals is required, which increases costs. Especially after patients return to their home countries, it becomes even harder to hold hospitals accountable for aftercare due to the difficulty of receiving immediate medical support.

Some clinics exploit the vulnerabilities of foreign patients. When problems arise, they may recommend revision surgeries or withhold surgical records, taking advantage of foreigners' unfamiliarity with Korean medical laws and patient rights. Many coordinators who connect hospitals and patients work as freelancers, increasing the likelihood of losing contact when side effects occur. As a result, patients find it difficult to receive follow-up treatment in their home countries.

Attorney Choi Hyun-yoon of the Japan team at Gaon Law Firm explained, "To receive follow-up treatment in Japan, surgical consent forms and progress records are necessary, but if these are not secured, even diagnosis becomes difficult." Particularly, many victims are young people in their 20s and 30s, but they often struggle to afford legal consultations or lawsuit costs, making the problem more serious.

Voices calling for the establishment of relief channels for foreign plastic surgery victims are growing to address these difficulties. Attorney Choi emphasized, "Medical lawsuits involve high costs and procedural burdens, so many foreign patients endure damages. There is a need to organize legal support and compensation systems."