Ghost Surgery (대리수술): What It Means in Korea

Definition

대리수술 (daeri susu, meaning “substitute surgery”) — commonly translated as ghost surgery — occurs when an unlicensed or unauthorized person performs all or part of a surgical procedure while the named, consenting surgeon is absent, without the patient’s knowledge or consent.¹ The substituting person may be a clinic employee, an unqualified trainee, or a third party with no medical license. The patient believes their chosen surgeon is operating throughout; in reality, that surgeon may never have entered the operating room. The term “ghost” refers to the named surgeon’s effective absence — present on paper, absent in practice.

Legal Status in Korea

Ghost surgery is prosecuted under two overlapping legal frameworks in Korea. Performing surgery without a medical license constitutes unlicensed medical practice under the Medical Practices Act, regardless of outcome. Where the named surgeon knowingly allows a substitute to operate, both parties face criminal liability.¹

K-MEDI (한국의료분쟁조정중재원, hanguk uiryo bunjaeng jojung jungjaewon — Korea Medical Dispute Mediation and Arbitration Agency) explicitly recognizes ghost surgery as grounds for a mediation claim.² Filing is free for patients,² and the average mediation duration is approximately 90 days from claim acceptance.² If mediation does not resolve the dispute, K-MEDI can refer the matter for arbitration, with a binding outcome if both parties consent.² Cases meeting the threshold for criminal conduct are referred to prosecutors separately from the civil mediation track.

The CCTV Operating Room Law (2021)

The CCTV operating room requirement — Article 38-2 of the Medical Practices Act — came into effect on September 25, 2021, directly in response to ghost surgery scandals.¹ The legislation was enacted following high-profile cases from 2016 onward in which unauthorized persons performed procedures on patients who were under general anesthesia.¹

Under the statute:

• All medical institutions must install CCTV cameras in their operating rooms.¹
• Footage must be recorded during any surgical procedure when the patient or their guardian requests it; the clinic cannot refuse.¹
• The patient or guardian must provide consent before recording begins — the clinic may not record without that consent.¹
• Footage must be retained for a minimum of 30 days after the procedure.¹
• Patients may request access to their footage within that 30-day window; the clinic must provide it within 14 days of receiving a written request.¹
• Violations carry fines of up to ₩5 million, and repeat violations may result in license revocation.¹

How to Protect Yourself as a Patient

Four concrete steps reduce ghost surgery risk before and after your procedure:

1. Confirm CCTV compliance in writing before booking. Ask the clinic to confirm in writing that the operating room has CCTV installed and that footage will be available on request. A clinic that deflects this question is a red flag.
2. Request CCTV recording at consent signing. State your request for operating room footage at the time you sign the surgical consent form — this triggers the clinic’s statutory obligation.¹
3. Verify surgeon credentials independently. Cross-check your surgeon’s name against the KSPRS public certification registry before the procedure.
4. Know your dispute channel. If you suspect ghost surgery occurred, contact K-MEDI at +82-1670-2545 (English-language support available²) within 3 years of the incident.²

Related Terms

무면허의료행위 (munmyeonheo uiryo haengwi): unlicensed medical practice — the criminal charge most commonly applied in ghost surgery prosecutions.

K-MEDI: Korea Medical Dispute Mediation and Arbitration Agency — the government body that mediates patient-provider disputes, including ghost surgery claims.²

KSPRS: Korean Society of Plastic and Reconstructive Surgeons — board certification body whose public registry allows patient verification of surgeon credentials.