10 Doctors Criminally Charged, Medical Licensing Exam Proceeding as Scheduled... Residents "Despair" (Comprehensive Report 2)

Government Takes Tough Stance on Resident Doctors' Strike and Mass Resignations

Kim Kang-rip, Vice Minister of Health and Welfare, is answering questions from the press at the 'Joint Briefing of Relevant Ministries on Collective Action by Medical Organizations' held on the 28th at the briefing room of the main building of the Government Seoul Office in Jongno-gu, Seoul. Photo by Moon Ho-nam munonam@

[Asia Economy reporters Seo So-jeong and Kim Heung-soon] The government has taken a strong stance by criminally prosecuting 10 individuals who defied the work commencement order and forcibly carried out a collective strike. The work commencement order for residents and fellows who entered an indefinite collective strike has been expanded from the metropolitan area to nationwide.

On the 28th, the Ministry of Health and Welfare held a joint briefing with the Ministry of Justice and the National Police Agency at the Seoul Government Complex regarding the doctors' group action, stating, "As of 10 a.m. today, the work commencement order targeting residents and fellows has been expanded from the metropolitan area to nationwide, and they are ordered to immediately return to patient care duties." Kim Kang-lip, Vice Minister of Health and Welfare, explained, "This is an unavoidable measure that had to be taken to protect patients' lives and safety amid the novel coronavirus infection (COVID-19) crisis."

◆Work commencement order expanded from metropolitan area to nationwide= Previously, on the 26th at 8 a.m., the Ministry of Health and Welfare issued a work commencement order to residents and fellows working at 95 training hospitals located in the metropolitan area. On this day, an additional 115 training hospitals outside the metropolitan area received the work commencement order. After confirming compliance with the work commencement order the previous day, the Ministry submitted a complaint to the Seoul Metropolitan Police Agency at 10:30 a.m. against 10 individuals who did not return to work.

The Ministry had earlier issued individual work commencement orders to 358 residents who were on strike in the emergency rooms and intensive care units of 20 hospitals, and on this day conducted on-site intensive investigations at 30 training hospitals (20 outside the metropolitan area, 10 in the metropolitan area) to verify work attendance and plans to confirm compliance after issuing individual work commencement orders. According to the on-site investigation results, about 80 residents had returned to work at metropolitan area training hospitals as of the previous day.

The Ministry of Justice and the police emphasized strict legal application and swift investigation. The Ministry of Justice stated that even if medical personnel participating in the doctors' general strike submit collective resignation letters as part of group action to demand withdrawal of government policies, a lawful work commencement order can still be issued, and refusal without justifiable reason can be punished under the Medical Service Act. Ko Ki-young, Vice Minister of Justice, said, "There are reports that the Korean Intern Resident Association (KIRA) is issuing a so-called 'blackout' action guideline instructing affiliated residents to turn off their mobile phones and cut off external contact to avoid delivery of the work commencement order," adding, "Even if they try to evade by not directly receiving the work commencement order, it can be lawfully delivered according to the Administrative Procedures Act and related laws."

He added, "Making lawful delivery of the work commencement order difficult through such action guidelines effectively encourages and incites refusal to comply with the order depending on the facts," and "this may result in punishment for instigation or aiding and abetting under the Medical Service Act." Refusal to comply with the work commencement order without justifiable reason can lead to criminal penalties of up to three years imprisonment or fines up to 30 million won under the Medical Service Act. Vice Minister Ko urged, "Every bit of help from residents and fellows is desperately needed in this national crisis," and "Please return to the medical field as soon as possible to wisely overcome this crisis together for the lives and safety of the people."

The National Police Agency stated, "We will firmly respond according to law and principles to all illegal acts related to the doctors' collective strike, including violation of the work commencement order, obstruction or prevention of colleagues' return to work, and dissemination of fake news," and "Upon receiving related complaints from health authorities, we will investigate as quickly as possible and strictly prosecute."

The government plans to proceed with the 85th Medical Licensing Examination practical test, which medical students have expressed refusal to take, as scheduled from next month 1st to October 27th. Currently, out of 3,172 applicants for the medical licensing exam, 2,823 have canceled their participation.

On the 27th, in front of Bonghwasan Station in Seoul, the Seoul Medical Center Resident Council is urging the complete withdrawal of the four major evil medical policies. / Photo by Mun Honam munonam@

◆Residents furious, "It means they will hit us if we don't obey"= The government's strong measures have also sparked backlash from residents. Seo Jae-hyun, spokesperson for KIRA, expressed disappointment in a phone interview with Asia Economy, saying, "We are disappointed in the government for prosecuting residents and ordering strict responses," and added, "This is the mindset of not talking to experts and hitting them if they don't obey."

Spoekesperson Seo said, "This is equivalent to the government saying they no longer need experts (doctors)," and "The strike intention of 16,000 residents remains unchanged, and the indefinite strike will continue." KIRA is conducting the "6th Young Doctors Collective Action" by turning off mobile phones for the entire day on the 28th. KIRA emphasized, "Whether the work commencement order has been confirmed received or just notified, we will not comply," and "If even one resident suffers damage, Korean healthcare will lose about 16,000 residents."

The Korean Medical Association also expressed support. Choi Dae-jip, president of the KMA, held an emergency press conference in front of the Seoul Metropolitan Police Agency in the morning, stating, "The prosecution of 10 residents who disobeyed the Ministry of Health and Welfare's work commencement order is unfair," and "Doctors will unite to respond to the government's coercive measures."

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