"Drinking Makgeolli and Eating Food on the Floor" Ongoing 'Intoxicated Patient' Disturbances in the Emergency Room

Despite Enforcement of Emergency Medical Act Amendment, Drunken Disorderly Conduct in ER Persists
Security Staff "Active Response Difficult Due to Concerns Over Excessive Force"
Calls That Lack of Strict Law Enforcement Creates 'Repeat Drunken Offenders'
Experts "Strict Law Enforcement and Long-Term Strategy Needed"

A CCTV footage showing an intoxicated person assaulting a doctor at the Emergency Medical Center of Gumi Cha Hospital in Gyeongbuk has been released, sparking public outrage. Photo by the Korean Medical Association

[Asia Economy Reporter Kim Choyoung] Mr. A, in his 40s, called 119 emergency services and went to the hospital last October after bleeding while brushing his teeth at home. While waiting for treatment in the emergency room's guardian waiting area, he was refused treatment upon the hospital staff's suggestion that "it would be better to receive treatment after sobering up." He then sat down on the floor, eating Makgeolli and food, and loudly cursed at the hospital staff for about 30 minutes, causing a disturbance.

The Chuncheon District Court pointed out that "even though the incident took place in the guardian waiting area, it clearly disrupted the smooth operation of the emergency room, which could cause serious harm," and sentenced Mr. A, who was charged with obstruction of business, to six months in prison.

Disruptions caused by intoxicated individuals in emergency rooms are not new. Despite various efforts such as the enforcement of the amended Emergency Medical Service Act, which strengthens penalties for assaulting medical personnel, and the deployment of dedicated security personnel 24/7 in all emergency rooms nationwide, cases of intoxicated individuals interfering with emergency medical services continue unabated. Experts suggest that strict law enforcement and long-term strategies are necessary.

According to statistics from the Ministry of Health and Welfare, from 2015 to June 2019, a total of 3,528 cases of obstruction of emergency medical services occurred. Among these, assault cases increased 2.9 times over four years compared to 2015, showing a yearly rise. When categorized by type, assault was the most frequent, followed by coercion and intimidation, disturbances, and verbal abuse or cursing.

Cases of intoxicated individuals obstructing emergency medical care continue to occur.
[Image source=Yonhap News]

In particular, an investigation into whether the obstructers were intoxicated revealed that 65.5% obstructed emergency medical services while intoxicated. Security guards were the most frequent victims with 673 cases, followed by nurses with 671 cases, and doctors with 637 cases.

Obstruction of emergency medical services is considered a very serious offense because it can cause significant harm to the life or body of emergency patients who require urgent care. Following a series of incidents such as the 'Iksan Emergency Room Assault' and the 'Assault on a Resident Doctor at the Gyeongbuk Regional Emergency Medical Center,' where intoxicated patients assaulted emergency medical staff, the 20th National Assembly introduced numerous related bills.

With the passage of the amended Emergency Medical Service Act, penalties were strengthened to allow imprisonment of up to 10 years for assaulting emergency medical workers in emergency rooms causing injury. A clause excluding mitigation due to alcohol-induced mental or physical impairment was also introduced.

Despite these strengthened penalties, repeated obstruction by intoxicated individuals is attributed to the difficulty security personnel face in taking proactive measures. There is a risk of controversy over excessive measures or complaints to the National Human Rights Commission. It is not hard to find cases where police have been reported to the Human Rights Commission for excessive suppression.

Article 37, Paragraph 2 of the Constitution states the principle of prohibition of excess, specifying that "all freedoms and rights of the people may be restricted by law only when necessary for national security, maintenance of order, or public welfare, and even then, the essential content of freedom and rights shall not be infringed."

Therefore, the police have the duty to suppress disturbances in the safest and most peaceful manner possible to prevent unnecessary harm to others' lives and bodies. This structure makes the police inevitably passive toward intoxicated individuals. Additionally, unlike police officers who can receive official injury recognition (on-duty injury), security guards must bear their own medical expenses if injured, making active restraint difficult.

Criticism is also raised that intoxicated individuals lack awareness of consequences because obstruction acts rarely lead to actual punishment. According to data on 'emergency medical obstruction and related incidents and complaints' received by former Liberty Korea Party (now People Power Party) lawmaker Kim Seunghui from the Ministry of Health and Welfare, a total of 893 reports and complaints were filed for obstruction of emergency medical services, but only 27 cases (3%) resulted in fines or higher penalties.

Among the 893 reported and complained cases, 93 offenders were punished; among them, 2 received prison sentences and 25 received fines. Offenders who were not punished at all accounted for 214 cases, or 24% of the total. This lack of active law enforcement is believed to contribute to the emergence of 'habitual intoxicated offenders.'

At the time, lawmaker Kim stated, "Strong punishment has not been enforced against offenders reported or complained for obstruction of emergency medical services," and emphasized that "institutional measures to protect medical staff and patients are urgently needed."

On the afternoon of July 8, 2018, participants of the 'Rally to Condemn Violence in Medical Institutions' held in front of the Police Agency in Seodaemun-gu, Seoul, are holding placards and shouting slogans. [Image source=Yonhap News]

Since 2012, the National Police Agency has operated 'Intoxicated Emergency Medical Centers' within public hospital emergency rooms to separate, observe, and safely treat intoxicated individuals. These centers target people who have lost consciousness due to alcohol or are difficult to control to the extent that they disrupt police work. Currently, 13 centers are established nationwide, including six in Seoul (National Medical Center, Seoul Medical Center, Boramae Hospital, Red Cross Hospital, Dongbu Hospital, and Seonam Hospital), with a total of 74,410 citizens having used the service as of last year.

Additionally, since the full enforcement of the amended 'Emergency Medical Service Act' in July last year, which strengthens emergency room security, specialized personnel such as security guards and watchmen have been deployed 24/7 in all emergency rooms nationwide. The amendment also includes provisions to use subsidies provided annually to emergency medical institutions to establish hotlines (emergency contact facilities) between emergency rooms and police, install closed-circuit televisions (CCTV), and raise security equipment standards within emergency rooms to prevent dangerous situations.

Experts recommend strict law enforcement and long-term strategies to respond to violence in emergency rooms. Professor Lee Kyungwon of the Department of Emergency Medicine at Inje University Seoul Paik Hospital wrote in the Journal of the Korean Medical Association, "There are relevant provisions in the Medical Service Act and the Emergency Medical Service Act, and penalties are not light," emphasizing the need for strict application and enforcement of laws regarding violence against medical personnel, nursing assistants, medical technicians, and emergency medical technicians.

Furthermore, Professor Lee added, "There is a lack of long-term strategies to address violence in emergency rooms that endangers patient safety," and urged that "professional academic societies and government ministries should begin discussions on responses, improvement measures, and long-term strategies for emergency room violence and include them in the basic emergency medical plan."

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