Good Samaritan law

Good Samaritan law (선한 사마리아인 법/구호자보호법/救護者保護法) means the statute to protect a person who provides reasonable assistance to those in need of medical treatment. The legal protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death.

Key words
good Samaritan law, legal protection, duty to rescue, abandonment of persons

Origin
The word "good Samaritan" derives from a parable found in the Bible. Jesus said:
 * "A man was going down from Jerusalem to Jericho, when he fell into the hands of robbers. They stripped him of his clothes, beat him and went away, leaving him half dead.
 * A priest happened to be going down the same road, and when he saw the man, he passed by on the other side.
 * So too, a Levite, when he came to the place and saw him, passed by on the other side.
 * But a Samaritan, as he traveled, came where the man was; and when he saw him, he took pity on him. He went to him and bandaged his wounds, pouring on oil and wine. Then he put the man on his own donkey, took him to an inn and took care of him. The next day he took out two silver coins and gave them to the innkeeper. 'Look after him,' he said, 'and when I return, I will reimburse you for any extra expense you may have.'"

Now Jesus asks us "Which of these three do you think was a neighbor to the man who fell into the hands of robbers?"

Variation from state to state
In some cases, Good Samaritan laws encourage people to offer assistance (duty to rescue).

Good Samaritan laws vary from jurisdiction to jurisdiction, as do their interactions with various other legal principles, such as consent, parental rights and the right to refuse treatment. Most such laws do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are acting in a volunteer capacity. In any case, the said Samaritan work should be conducted not for profit or compensation.

Statutory ground
Previously a person who intended to give assistance to an injured person but led the patient to severe injury or death owing to unintended negligence used to be liable to damages or punishment. In order to encourage bystanders to help others in need of help, the Act on the Emergency Treatment (응급의료에 관한 법률) was amended on June 13, 2008. In this regard, the so-called "Good Samaritan provision" was introduced to Korea on December 14, 2008.

Article 1 (Purpose) of the Act
 * 이 법은 국민들이 응급상황에서 신속하고 적절한 응급의료를 받을 수 있도록 응급의료에 관한 국민의 권리와 의무, 국가·지방자치단체의 책임, 응급의료제공자의 책임과 권리를 정하고 응급의료자원의 효율적 관리에 필요한 사항을 규정함으로써 응급환자의 생명과 건강을 보호하고 국민의료를 적정하게 함을 목적으로 한다.
 * [Wholly Amended August 4, 2011]

Article 5-2 (Indemnification of Benevolent Emergency Treatment)
 * 생명이 위급한 응급환자에게 다음 각 호의 어느 하나에 해당하는 응급의료 또는 응급처치를 제공하여 발생한 재산상 손해와 사상(死傷)에 대하여 고의 또는 중대한 과실이 없는 경우 그 행위자는 민사책임과 상해(傷害)에 대한 형사책임을 지지 아니하며 사망에 대한 형사책임은 감면한다. 
 * 1. 다음 각 목의 어느 하나에 해당하지 아니하는 자가 한 응급처치
 * 가. 응급의료종사자
 * 나. 「선원법」 제86조에 따른 선박의 응급처치 담당자, 「소방기본법」 제35조에 따른 구급대 등 다른 법령에 따라 응급처치 제공의무를 가진 자
 * 2. 응급의료종사자가 업무수행 중이 아닌 때 본인이 받은 면허 또는 자격의 범위에서 한 응급의료
 * 3. 제1호나목에 따른 응급처치 제공의무를 가진 자가 업무수행 중이 아닌 때에 한 응급처치
 * [Wholly Amended August 4, 2011]

In case of Defibrillator
In emergency cases, a defibrillator (제세동기/除細動器) is highly useful for heart attack patients before 119 emergency personnel arrive. If a person injured the patient while using such device or other CPR (심폐소생술 cardiopulmonary resuscitation), he is not subject to damages or punishment.

Under Article 47-2 of the above Act on the Emergency Treatment, a large-scale apartment complex of over 500 families and other multi-use facilities are required to equip defibrillators as from August 5, 2012. So no one need to worry about any side effect in using such emergency devices. Otherwise, 119 emergency center or u-Safety Call Servce (u-안심콜 서비스 is available.