Government: "License suspension or 30 million won fine if noncompliant" vs Residents: "Strike intention unchanged"

On the 26th, when the second general strike led by the Korean Medical Association (KMA) was enforced, a fellow doctor held a picket protest at Seoul National University Hospital in Jongno-gu, Seoul. The KMA opposed the government's policies such as expanding the quota of medical schools and entered a three-day collective strike until the 28th. Photo by Kim Hyun-min kimhyun81@

On the 26th, when the second general strike led by the Korean Medical Association (KMA) was enforced, a fellow doctor held a picket protest at Seoul National University Hospital in Jongno-gu, Seoul. The KMA opposed the government's policies such as expanding the quota of medical schools and entered a three-day collective strike until the 28th. Photo by Kim Hyun-min kimhyun81@

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[Asia Economy reporters Seo So-jeong and Kim Heung-soon] The government's tough response to the second doctors' strike on the 26th is due to the unavoidable medical vacuum amid the severe crisis of the rapid spread of the novel coronavirus infection (COVID-19), especially centered in the metropolitan area. In particular, the fact that residents, who are essential personnel working in emergency rooms and intensive care units, are the main force of the strike has created a sense of crisis that could threaten patients' lives.


Park Neung-hoo, Minister of Health and Welfare, said on the day, "I deeply regret that the Korean Medical Association and the Korean Intern Resident Association have rejected the government's mediation proposal and decided to proceed with a collective work stoppage," adding, "The government has no choice but to take necessary legal measures such as issuing work commencement orders to prevent risks to the lives and safety of the people."


◆Work commencement order issued for the first time in 6 years since 2014= The government has issued a work commencement order to residents and fellows who opposed the four major medical policies?expansion of medical school quotas, establishment of public medical schools, pilot project for herbal medicine coverage, and promotion of non-face-to-face (untact) medical care?and proceeded with a collective work stoppage (strike) for the first time in six years since 2014. This is a measure based on Article 59 of the Medical Service Act, which states that "the Minister of Health and Welfare or the mayor/provincial governor may provide necessary guidance and orders to medical institutions or medical personnel if necessary for health and medical policies or if there is a risk of serious harm to public health." The provision also stipulates that "if a medical personnel unjustifiably suspends medical treatment or if a medical institution operator collectively closes or suspends operations causing or likely to cause significant disruption to patient care, the Minister of Health and Welfare, mayor/provincial governor, or mayor/county governor/district chief may issue a work commencement order to the medical personnel or medical institution operator."


Minister Park said, "If the participation rate of clinic-level medical institutions in the collective work stoppage exceeds 10% and causes disruption to medical services as judged by local governments, the relevant public health center can issue a work commencement order," adding, "We will strictly respond to illegal acts occurring during collective actions." The Ministry of Health and Welfare previously issued work commencement orders when the medical community staged collective work stoppages in 2000 opposing the introduction of the separation of prescribing and dispensing, in April 2002 demanding a full review of the separation system, and in March 2014 opposing government medical policies such as the introduction of telemedicine and the current health insurance system, when the medical community conducted a one-day collective work stoppage. Failure to comply with the government's work commencement order without justifiable reasons may result in license suspension or imprisonment of up to three years or a fine of up to 30 million won. If sentenced to imprisonment or higher for violating the Medical Service Act, it is recognized as a disqualification for medical personnel, and the license may be revoked.


◆Residents maintain strike determination= Despite the government's strict response, the Korean Medical Association and the Korean Intern Resident Association have not wavered in their determination to proceed with the general strike, and both sides remain at an impasse. A Korean Medical Association official said, "There is no change in the willingness of all medical personnel to participate in the strike," adding, "The medical community's collective action is to urge the government to change." However, the association also left room for negotiation by saying, "Please create a starting point to transform the long-entangled relationship into one of trust and respect," and "The medical community is always open to discussing all possibilities with the government."



Among the medical community, young doctors such as residents hold a strong stance on this strike. A resident at a university hospital said, "Despite the government's strict response, the strike led by residents will not stop," adding, "Actions to block the four major medical policies, including the expansion of medical school quotas and the establishment of public medical schools, will continue." However, essential services directly related to patients' lives, such as emergency rooms, intensive care units, delivery rooms, and dialysis rooms, will be maintained to minimize medical service gaps. On the morning of the day, it was reported that the Korean Medical Association began preparing responses as the government took a tough stance by issuing work commencement orders to doctors participating in the strike.


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

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