Supreme Court Confirms Fine for "Disrupting Emergency Medical Care by Causing Disturbance While Intoxicated and Refusing Treatment"

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has upheld a fine against a man in his 40s who, while intoxicated and hospitalized in an emergency room, caused a disturbance and refused emergency medical treatment.

The Supreme Court's First Division (Presiding Justice Lee Ki-taek) announced on the 24th that it confirmed the lower court's ruling, which sentenced Mr. A to a fine of 5 million won in the appeal trial for violating the Emergency Medical Service Act.

The court stated, "There is no error in the lower court's judgment that violated the rules of logic and experience, exceeded the limits of free evaluation of evidence, or misunderstood the legal principles regarding the subjects of obstruction to emergency medical services as defined in the former Emergency Medical Service Act."

Mr. A was prosecuted on charges of pushing a nurse with his hand and verbally abusing her while receiving treatment for hemorrhoids in a hospital emergency room in October 2018, stating that he would refuse treatment while intoxicated.

The prosecution applied charges under the Emergency Medical Service Act rather than obstruction of business under the Criminal Act, considering that Mr. A obstructed the nurses' general emergency medical activities.

The first trial court found Mr. A's actions to constitute obstruction of emergency medical services and sentenced him to a fine of 5 million won.

However, Mr. A's side appealed, arguing that refusing treatment was an exercise of his right to self-determination and could not be considered obstruction.

They also claimed that since there were no other patients in the emergency room at the time besides Mr. A, his actions did not interfere with emergency treatment for other patients.

Nevertheless, the second trial court also dismissed the appeal, maintaining the fine, stating that Mr. A's refusal of treatment could be regarded as obstruction of emergency medical services under the Emergency Medical Service Act.

The court judged that Mr. A's act of shouting and pushing the nurse, even if it was a refusal of treatment for himself, constituted obstruction of emergency medical services by infringing on the medical staff's right to provide treatment.

This content was produced with the assistance of AI translation services.