Medical Records Access Rights: Legal Information Patients Need to Know

 









If you’re a foreigner in Korea—whether you are a resident or planning to travel for medical care—understanding your rights to access your medical records is fundamental. This article explains what the law says in Korea about viewing, obtaining copies of, and controlling your medical records, how to proceed step-by-step, and what practical tips you should know. Labels: Korean Law Guide | Legal Help in Korea.

1. What the law says about medical records in Korea

In Korea, the Medical Service Act (MSA) provides the core rules for medical records: creation, preservation and access. For example, Article 22 requires medical practitioners to prepare detailed records and retain them.  Article 23 permits electronic medical records (EMRs) and requires that records be protected from leak, alteration or destruction. 

Under Article 21-2 of the MSA, the legal framework for transmitting and providing copies of medical records is outlined, including the use of a dedicated “medical record transmission support system”. 

In addition, the Personal Information Protection Act (PIPA) and associated data-protection laws govern how medical/health information is handled, ensuring confidentiality and giving patients rights over their data.

2. What rights do patients have to access and copy their records?

As a patient in Korea, you have the following key rights:

  • Right to view your medical records and obtain copies. According to hospital guidance (e.g., Seoul National University Hospital), the hospital may provide copies to the patient, with photo identification and completion of forms. 
  • Right to have your medical information kept confidential. The patient has a right not to have their records disclosed without consent or legal reason. 
  • Right to control access by others. The law states that “no person other than the patient shall be allowed to read or get a copy” of the patient’s records except in prescribed situations. 
  • Right to request third-party access when you authorise it. For example, you may give written consent or a power of attorney so a family member or agent obtains records. 

3. When might access be restricted or delayed?

Even though you have rights, there are some limitations and practical issues you should be aware of:

  • If the patient is unconscious or in an emergency situation, records may be transferred or shared without prior consent under the MSA. 
  • Hospitals may require you to fill out a request form, present identification, and pay a fee for copies. For instance, at some hospitals a copy may take 30-60 minutes and there’s a small cost. 
  • Some hospitals still do not allow full digital access or ability to download all medical data—studies show few provide full patient download of results, prescriptions etc. 
  • If you are abroad or the records are held in multiple institutions, coordination may take longer and require translation or authorisation. (Reports from foreign patients indicate you may need power of attorney and forms.) 
  • 4. Step-by-Step: How to request your medical records in Korea

Here is a practical roadmap for requesting your records:

  1. Visit or contact the medical institution where you received care. Ask for their “Medical Records/Copy” desk or international patient centre. Example: at Seoul National University Hospital you go to International Healthcare Center with photo ID and request form. 
  2. Fill out the required forms: You will typically need a “Request for medical records display and copy” form and a disclosure / consent form. If a representative is doing it for you, you will also need a power of attorney form. 
  3. Present identification: Bring your passport or resident card. If you are a guardian/applicant, bring your ID and proof of your relationship or authorisation. 
  4. Pay any applicable fee: Some hospitals charge a small fee depending on number of pages. At Seoul National University Hospital, the cost is around 2,000 KRW up to 5 pages for Korean National Health Insurance patients; abroad/private patients may differ.
  5. Receive your records: The records may be provided immediately (30-60 minutes) or after a short wait; you may receive paper copies, CD images, or PDF depending on institution. Ensure you ask about translations if needed. 
  6. If you’re abroad: If you are outside Korea and need the records, appoint a representative in Korea with power of attorney. Provide consent for release. The hospital may mail or export records electronically, depending on policy. (Check international patient centre.) 











5. Why it’s important for foreigners

For foreigners (expats, workers, students, travellers) the right to access records is especially important because:

  • You may need the record for second opinions, treatment abroad, insurance claims, or legal claims (e.g., medical malpractice). Having full access ensures you can advocate effectively.
  • There may be language or translation issues. Some forms or records may be in Korean only—ask for translated summaries, or seek translation before leaving the country.
  • You may leave Korea before retrieving the records. Make sure you request copies (digital if possible) while still in Korea, or appoint a local representative ahead of time.
  • Understanding your rights prevents evasive practices—some institutions may delay or require unnecessary hurdles. Knowing you have legal right gives you leverage.

6. Tips & practical considerations for smoother access

  • Request your records **soon after treatment** while things are fresh, especially if you plan to travel or change providers.
  • Ask for **both paper and digital copies** if possible—digital formats make sharing with overseas providers easier.
  • Consider getting **translations** of major clinical summaries if you do not speak Korean, so you can use them abroad. These may not be provided by the hospital—ask if multilingual support exists. 
  • Check if the institution participates in national platforms like MyHealthWay (which allows personal access to aggregated health data across institutions). 
  • If a dispute arises (for example, hospital refuses access), you can ask for mediation via Korea Medical Dispute Mediation and Arbitration Agency or consider legal advice. 

    • 7. Frequently Asked Questions (FAQ)

    Q. Can someone else get my medical records without my consent?

    A. No—generally only the patient (or their legal representative) can access or copy the records. The law prohibits disclosure to third parties without patient consent or legal basis. 

    Q. I’ve already returned to my home country—can I still get my Korean hospital records?

    A. Yes—though practical steps apply. You will likely need to appoint a local representative (with power of attorney), or coordinate with the hospital’s international patient centre. Ask for digital copy or mail service. Ensure you agree about fees, format and translation ahead of time. 

    Q. Are there fees for accessing my medical records?

    A. Yes, hospitals may charge nominal fees for copying services depending on pages. For example, one hospital charged about 2,000 KRW for up to 5 pages. Larger translations may cost more. 

    Q. Does the hospital have to give me the records instantly?

    A. The law doesn’t specify a very short fixed time limit for all cases, but practice is usually same day or within short wait (30-60 minutes) for in-person requests. For complex cases or when translation/export is required, it may take longer. Best to ask the institution for their timeframe.

    8. Conclusion

    Accessing your medical records in Korea is your legal right—and particularly important if you are a foreigner receiving treatment, returning home, or planning ongoing care abroad. You have the right to view and obtain copies, control who sees your records, and insist on secure handling of your data. While practical hurdles (language, fees, remote access) exist, knowing your rights empowers you to act confidently.

    If you face difficulty obtaining your medical records from a Korean medical institution, consider seeking professional legal advice or using mediation services, especially if you believe your rights were not respected.

    Disclaimer: This article is for informational purposes only and does not constitute legal advice. For your specific situation, consult a qualified attorney or legal professional.

    ✨ Would you like to know more? Check our related guides on Personal Bankruptcy, Corporate Rehabilitation, and Visa Law in Korea.

    (Updated: 2025 Legal Guide)