Doctors' Second Strike Met with Government's Tough 'Work Commencement Order' (Comprehensive)

[Image source=Yonhap News]

[Asia Economy Reporter Seo So-jeong] On the 26th, as the Korean Medical Association decided to proceed with the second nationwide doctors' strike as a 'non-face-to-face rally,' the government issued a work commencement order to residents and fellows who have launched an indefinite collective strike (work stoppage).

The work commencement order carries strong punitive regulations, including the possibility of license revocation if violated, marking the government's tough response against the medical community's general strike.

◆ Possible License Revocation for Violating Work Commencement Order = The Ministry of Health and Welfare announced at a briefing held at the Government Seoul Office on the 26th, "The Minister of Health and Welfare ordered residents and fellows working at training hospitals located in the Seoul metropolitan area, including Seoul, Gyeonggi, and Incheon, to immediately return to patient care duties as of 8 a.m. today."

The Ministry stated, "We will verify work attendance starting with emergency rooms and intensive care units of training hospitals in the metropolitan area through on-site inspections, issue individual work commencement orders, and then investigate compliance." Subsequently, individual work commencement orders will be issued in the order of operating rooms, delivery rooms, and dialysis rooms of metropolitan training hospitals, followed by emergency rooms and intensive care units, and operating rooms, delivery rooms, and dialysis rooms in non-metropolitan areas. Non-compliance with individual work commencement orders may result in criminal penalties (imprisonment up to 3 years or fines up to 30 million KRW) and administrative sanctions (license suspension up to 1 year, license revocation for imprisonment or higher).

It added, "This is a serious crisis situation where the novel coronavirus infection (COVID-19) is rapidly spreading mainly in the metropolitan area, raising concerns about a nationwide epidemic. The government finds it unavoidable to issue the work commencement order to protect the lives and safety of the people."

Additionally, the government plans to confirm the identity and cancellation intention of medical students regarding the national examination and will cancel their participation accordingly.

The government also intends to request local governments to strictly respond, including administrative sanctions, if medical institutions do not comply with the work commencement orders issued during the collective work stoppage period based on Article 59 of the Medical Service Act. The Ministry of Health and Welfare stated, "For medical institutions that fail or refuse to comply with the work commencement order, we plan to consider measures such as suspension of operations (15 days), issuance of work commencement orders, and for those who refuse, imprisonment up to 3 years or fines up to 30 million KRW."

◆ Report of Fair Trade Act Violation Against the Medical Association Promoting Collective Work Stoppage = The government will also file reports of violations of the Fair Trade Act, such as cartel activities, and impose administrative sanctions based on the Medical Service Act against the Medical Association, which planned and promoted the collective work stoppage, including private practitioners.

The Ministry of Health and Welfare stated, "We plan to report the Korean Medical Association to the Fair Trade Commission for violating the prohibition of business association activities." The Fair Trade Act prohibits acts that unfairly restrict the business content or activities of constituent businesses, and the government views the Medical Association's decision and implementation of the first and second collective work stoppages as 'unfair restrictive acts.'

Under the Fair Trade Act, violations of this provision may result in imprisonment up to 2 years or fines up to 150 million KRW for individuals, and fines up to 500 million KRW for the organization involved.

Meanwhile, the Ministry of Health and Welfare has begun establishing an emergency medical system to prepare for the medical service gap caused by the medical community's collective work stoppage.

To maintain essential medical services such as operating rooms and intensive care units, the government requested 24-hour emergency medical system maintenance, designation of substitute shifts or securing substitute personnel, and adjustment of on-call duties. It also requested local governments, related ministries, and hospitals to establish and operate an emergency medical system, including extending weekday outpatient hours and providing weekend and holiday medical services at hospital-level or higher medical institutions to prevent disruption of medical care.

The government emphasized, "We plan to take strict measures according to laws and principles against the collective work stoppage to protect the lives and safety of the people," and urged, "The Korean Medical Association and the Korean Intern Resident Association should stop the collective work stoppage and seek problem resolution through dialogue and negotiation."

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