Assemblywoman Yang Hyang-ja Proposes Medical Law Amendment to Eradicate 'Ghost Surgery'

[Asia Economy Honam Reporting Headquarters Reporter Yoon Jamin] A bill to eradicate so-called ghost surgeries has been proposed.

Yang Hyangja, a member of the National Assembly (Democratic Party of Korea, Gwangju Seo-gu Eul), announced on the 12th that she has taken the lead in proposing a revision to the Medical Service Act to prevent so-called ghost surgeries, where a doctor or non-medical personnel secretly perform surgery without the patient's consent while the patient is unconscious under general anesthesia.

The proposed amendment includes provisions to require ▲ patients to be given an explanation and provide written consent when there is a change in the surgical method or attending physician, ▲ if changes occur after the surgery has started, the patient must be notified in writing without delay after the surgery is completed, and ▲ if surgery is performed without explanation or consent, the medical license of the practitioner can be suspended.

However, an exception clause remains allowing surgery without explanation or consent if the patient's life is at risk or if there is a serious physical or mental disability.

Under current law, patients must be given explanations and provide written consent regarding the necessity, method, and the name of the attending physician for important medical procedures. It is also stipulated that if the doctor changes, the reason and details must be notified to the patient in writing.

However, there are no regulations regarding the conditions for changes or the timing of notification, so even if patients are informed of changes after surgery, they have no choice but to accept them as is.

Assemblywoman Yang Hyangja said, “Not receiving sufficient explanation or not knowing who the medical professional performing the surgery is seriously infringes on the public’s right to know, health rights, and bodily autonomy.” She added, “Despite this, violations of prior explanation and consent regulations have continued because only fines of up to 3 million won are imposed.”

She continued, “Through this amendment, the notification period for changes will be clarified, and by including this issue as a condition for suspension of medical licenses beyond the existing fines, more effective sanctions will be established.”

She also stated, “The medical community, including the Korean Society of Plastic Surgeons, is strengthening monitoring of ghost surgeries, conducting campaigns, and enhancing self-regulation activities. We hope that this amendment will not only improve medical professionals’ ethics and expertise but also restore public trust in the medical community that has been damaged by ghost surgeries.”

Meanwhile, according to data from the Ministry of Health and Welfare, there have been a total of 283 administrative actions related to unlicensed medical practices under Article 27 of the Medical Service Act over the past five years. Among these, doctors accounted for the highest number of administrative actions (112 cases), followed by Korean medicine doctors (82 cases), nurses (50 cases), and dentists (38 cases).

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