[2020 National Audit] Government Responds "According to Public Sentiment" to Request for "Establishing Grounds for License Revocation of Murderous Doctors"
Minister of Health and Welfare Park Neung-hoo is responding at the Ministry of Health and Welfare and Korea Disease Control and Prevention Agency audit held on the 7th at the National Assembly Health and Welfare Committee.
[Asia Economy Reporter Choi Dae-yeol] The government has expressed a positive intention to review the current law, which does not allow the cancellation of medical licenses even if a doctor is criminally punished for murder or sexual assault, following criticism from a member of the National Assembly.
At the National Assembly Health and Welfare Committee’s audit held on the 7th, Kang Byung-won, a member of the Democratic Party of Korea, pointed out that "while holders of other national licenses such as lawyers and tax accountants have their licenses revoked if they receive imprisonment or higher sentences, doctors do not," citing past cases of doctors committing murder and child sexual crimes.
Kang added, "Since the Medical Service Act was 'deteriorated' in 2000, the related laws have been maintained as they are," and said, "Medical professionals handle lives, so higher morality and professional ethics are required compared to ordinary people."
Under the Medical Service Act, the health authorities can cancel a doctor's license only if the doctor is mentally ill, addicted to drugs, legally incompetent, or if they practice medicine during a suspension period. Additionally, license cancellation can occur after three or more suspensions, license lending, falsification of medical certificates, or fraudulent medical billing. All these are stipulated in the Medical Service Act, and there is no basis for canceling a license even if the doctor is criminally punished for murder, sexual assault, or professional negligence causing death.
According to data submitted by the National Police Agency to Kang’s office, in the past five years, 2,867 doctors committed the four major crimes (murder, robbery, theft, violence), and 613 committed sexual crimes. In 2018, an obstetrician-gynecologist who illegally filmed a patient during treatment was arrested in flagrante delicto and sentenced to six months in prison with a two-year probation in the first trial. Kang reported that the second trial is ongoing, but the doctor is still treating patients.
Kang pointed out that "in Germany, if a criminal prosecution is initiated, the medical license is suspended until the verdict is finalized, and if the sentence is confirmed, the license is revoked," and emphasized the need to amend the current Medical Service Act. Last month, Kang introduced a bill to amend the Medical Service Act reflecting these points as the main proposer.
Kang also urged the government to actively participate in the legislative amendment after the audit, based on the content the government had prepared during the 2000 amendment of the Medical Service Act. In response, Park Neung-hoo, Minister of Health and Welfare, said, "We will prepare in accordance with the public sentiment and feelings."
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