Indefinite Strike by Residents and Fellows: Government Issues First Ever Work Commencement Order
Medical Association's 2nd Strike... Ministry of Health and Welfare Establishes Emergency System to Prepare for Medical Service Gaps
[Asia Economy Reporter Seo So-jeong] As the Korean Medical Association launched the second nationwide doctors' strike on the 26th, the government issued a work commencement order, escalating concerns over medical service gaps into a standoff. The medical community continued behind-the-scenes negotiations with the government but failed to reach an agreement, and thus plans to proceed with a total strike for three days from the 26th to the 28th as scheduled.
Notably, this total strike is taking a different form compared to the first strike, which was centered on private practitioners, as residents and fellows at university hospitals are now at the forefront. The KMA released a public statement on the day, saying, "We met with the Prime Minister and the Minister of Health and Welfare to explain the medical community's position and engaged in intense practical negotiations with the Ministry of Health and Welfare, but we could not reach a consensus." They added, "The medical community's collective action is to urge the government to change, and we are open to discussing all possibilities with the government at any time." However, considering the emergency situation caused by the novel coronavirus infection (COVID-19), the medical community plans to continue the indefinite strike in the form of a 'non-face-to-face rally.'
Concerned about the medical service gap, the government took a hardline stance by issuing a work commencement order at 8 a.m. on the same day to residents and fellows who had joined the collective sickout. Violation of the work commencement order entails severe penalties, including revocation of medical licenses. At a briefing held at the Government Seoul Office on the 26th, the Ministry of Health and Welfare stated, "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 added, "COVID-19 is rapidly spreading mainly in the metropolitan area, and there is a serious risk of nationwide epidemic. For the government, issuing the work commencement order is inevitable to protect the lives and safety of the people."
Based on Article 59 of the Medical Service Act, the government plans to request local governments to strictly respond, including administrative measures, if medical institutions do not comply with the work commencement orders issued during the collective sickout period. The government will also take administrative actions based on the Fair Trade Act and the Medical Service Act against the Korean Medical Association, which planned and promoted the collective sickout, including private practitioners.
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 sickout. To maintain essential medical services such as operating rooms and intensive care units, the ministry requested 24-hour emergency medical system maintenance, designation of substitute shifts or securing substitute personnel, and adjustment of on-duty doctors. It also asked 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 disruptions in care.
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The government stated, "To protect the lives and safety of the people, strict measures based on laws and principles will be implemented against the collective sickout," urging, "The Korean Medical Association and the Korean Intern and Resident Association should stop the collective sickout and work toward resolving issues through dialogue and negotiation." According to the Ministry of Health and Welfare, as of the previous day, among 32,787 clinic-level medical institutions nationwide, 2,097 (6.4%) on the 26th, 1,905 (5.8%) on the 27th, and 1,508 (4.6%) on the 28th had pre-registered to close.
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