Doctor with history of 'illegal drug use and corpse abandonment'... Court says "Should be given a chance to restart"

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[Asia Economy Reporter Kim Daehyun] A court has ruled that a doctor who served a prison sentence for illegally administering psychotropic drugs and abandoning the corpse of a deceased acquaintance under the influence should be reinstated with a medical license.

According to the legal community on the 30th, the Seoul Administrative Court Administrative Division 5 (Presiding Judge Kim Sunyeol) recently ruled in favor of plaintiff Dr. A in a lawsuit against the Ministry of Health and Welfare seeking cancellation of the refusal to reissue a medical license after license revocation.

Previously, Dr. A, who was working as the director of an obstetrics and gynecology clinic in Gangnam-gu, Seoul, on the evening of July 30, 2012, around 7 p.m., drank alcohol with fellow doctors. Around 11 p.m. the same day, at the request of acquaintance Mr. B to "help him sleep comfortably," Dr. A administered a mixture of 13 drugs including the psychotropic drug midazolam. Mr. B stopped breathing and died about two hours later due to drug side effects and other influences. Dr. A then loaded Mr. B's corpse into a car, parked it in a park parking lot, and left.

He was indicted in 2013 for violating the Narcotics Control Act, professional negligence causing death, and corpse abandonment, receiving a confirmed sentence of 1 year and 6 months imprisonment and a fine of 3 million won. The Ministry of Health and Welfare confirmed these facts the following year and revoked his medical license.

After completing his sentence, Dr. A applied for reissuance of his medical license in 2017, after the 3-year restriction period for reissuance had passed, but when the Ministry refused, he filed an administrative lawsuit.

Dr. A's side argued, "The Ministry of Health and Welfare did not provide the basis or reasons for refusing the reissuance application," and "the restriction period for reissuance has passed and all application requirements have been met."

The first trial court agreed with Dr. A's claim. It pointed out that the Ministry only stated in the disposition document that "the decision to refuse reissuance was made reflecting the results of the Administrative Disciplinary Review Committee's deliberation in accordance with the Medical Service Act," without disclosing specific reasons or the number of committee members who opposed reissuance.

The court judged that giving Dr. A a chance for 'recovery' aligns with the public interest. Although he committed a serious wrongdoing, since he has repented for a long time, granting him the opportunity to serve in medical fields where his skills are needed better aligns with the purpose of the Medical Service Act and public interest.

According to the court, Dr. A has worked various jobs such as medical device sales and office manager at a law firm, and after release, volunteered weekly at a nonprofit organization providing free meals. The fact that Dr. A paid a total of 280 million won to Mr. B's bereaved family during civil and criminal trials was also considered.

The Ministry of Health and Welfare has appealed the ruling.

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