Government vs Medical Community Cross-Complaints... KMA's 'Indefinite Strike' Tough Response (Comprehensive)

Government "Criminal Charges Against 10 Doctors for Collective Strike" vs Medical Association "Prosecuting Minister Park Neung-hoo for Abuse of Power"

[Image source=Yonhap News]

[Asia Economy Reporter Seo So-jeong] The government and the medical community are running on parallel tracks over major medical policies.

On the 28th, when the government took the strong step of criminally prosecuting 10 doctors who defied the work commencement order and forcibly carried out a collective strike, the Korean Medical Association (KMA) responded by counter-charging officials from the Ministry of Health and Welfare. The KMA, which began striking on the 26th in opposition to government policies such as expanding medical school quotas and establishing public medical schools, also hinted at the possibility of transitioning to an indefinite general strike on the last day of the doctors' general strike.

◆Work commencement order expanded from the metropolitan area to nationwide= On the 28th, the Ministry of Health and Welfare held a briefing on doctors' collective actions at the Seoul Government Complex together with the Ministry of Justice and the National Police Agency, announcing, "As of 10 a.m. today, the work commencement order for 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 chosen to protect patients' lives and safety amid the COVID-19 crisis."

Earlier, 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 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 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 withdraw government policies, the work commencement order can be lawfully issued, and refusal without just cause 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 so-called 'blackout' action guidelines instructing residents to turn off their phones and cut off external contact to avoid receiving the work commencement order." He explained, "Even if they try to evade by not directly receiving the order, it can be lawfully delivered according to the Administrative Procedures Act and related laws." He added, "Making it difficult to lawfully deliver the work commencement order through such action guidelines effectively encourages and incites refusal to comply, which may lead to punishment for abetting or aiding violations of the Medical Service Act." Refusal to comply without just cause can result in criminal penalties of up to three years imprisonment or fines up to 30 million KRW under the Medical Service Act.

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," adding, "Upon receipt of related complaints from health authorities, we will investigate as quickly as possible and strictly enforce judicial measures."

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

◆Residents "Furious" · KMA "Considering Indefinite Strike"= The government's strong measures have also sparked backlash among residents. Seo Jae-hyun, spokesperson for KIRA, told Asia Economy in a phone interview, "We are disappointed with the government’s decision to prosecute residents and order strict responses," expressing anger, "This is the idea of hitting those who do not listen without dialogue with experts."

Seo said, "This is equivalent to the government saying it no longer needs experts (doctors)," adding, "The strike will continue indefinitely with the unwavering will of 16,000 residents." KIRA is conducting the "6th Young Doctors' Collective Action" by turning off phones for the entire day on the 28th. KIRA emphasized, "Whether the work commencement order has been acknowledged or just notified, we will not comply," and warned, "If even one resident is harmed, Korean healthcare will lose about 16,000 residents."

The Korean Medical Association also hinted at a strong response such as an "indefinite strike." KMA President Choi Dae-jip held an emergency press conference at the Seoul Metropolitan Police Agency at 11:30 a.m., stating, "The government has taken harsh measures against young doctors in their late 20s who cannot bear great responsibility," and added, "The prosecution of 10 residents is completely wrong and will provoke tremendous anger among all 130,000 doctors. We will raise a strong voice against the government’s immoral behavior that worsens the situation."

The KMA plans to hold a meeting of the Special Committee for the Fight Against the Four Major Evils in the Medical Sector (범투위) at 6 p.m. today to discuss the direction of future struggles, including whether to proceed with a third indefinite general strike.

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