Ministry of Justice: "Noncompliance with Work Commencement Orders and Avoidance of Service Are Punishable" (Update)
Deputy Minister of Justice Ko Gi-young is answering questions from the press at the 'Joint Briefing of Relevant Ministries on Collective Action by Medical Organizations' held on the 28th in the briefing room of the main building of the Government Seoul Office in Jongno-gu, Seoul. Photo by Moon Ho-nam munonam@
View original image[Asia Economy Reporter Kim Heung-soon] On the 28th, the Ministry of Justice stated that even if medical personnel participating in the 2nd general strike of doctors submit collective resignation letters as part of group actions to demand the withdrawal of government policies, lawful work commencement orders can be issued, and refusal to comply without justifiable reasons may result in punishment under the Medical Service Act.
Ko Ki-young, Vice Minister of Justice, explained at a joint briefing with related ministries held at the Government Seoul Office that "there are reports that the Korean Intern Resident Association is issuing so-called blackout action guidelines instructing affiliated residents to turn off their mobile phones and block external contact to avoid receiving work commencement orders," adding, "even if they try to evade by not directly receiving the work commencement orders, they can be lawfully delivered according to the Administrative Procedures Act and other related laws."
He added, "Making it difficult to lawfully deliver work commencement orders through such action guidelines effectively encourages and incites refusal to comply with the orders depending on the facts," and "this may lead to punishment for instigation or aiding and abetting under the Medical Service Act." Refusal to comply with work commencement orders without justifiable reasons can result in criminal penalties of up to three years imprisonment or fines up to 30 million won under the Medical Service Act.
Vice Minister Ko urged, "In this national crisis, every bit of help from residents and fellows is extremely crucial," and "for the lives and safety of the people, please return to the medical field as soon as possible and help wisely overcome this crisis together."
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Meanwhile, the National Police Agency also stated, "We will firmly respond according to law and principles to all illegal acts related to the doctors' group strike, including violation of work commencement orders, obstruction or prevention of colleagues' return to work, and dissemination of fake news," adding, "if related complaints are received from health authorities, we will investigate as quickly as possible and strictly enforce judicial measures."
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