Doctor Forged Nursing Records... Supreme Court Rules "License Cannot Be Revoked"

Court: "Medical license can be revoked under Medical Service Act only if false medical certificates are issued"

[Asia Economy Reporter Heo Kyung-jun] A doctor who forged nursing records was punished for forgery and use of private documents, but since he did not forge a medical certificate, which is a cause for license revocation under the Medical Service Act, he was allowed to keep his medical license.

The Supreme Court's First Division (Presiding Justice Kim Seon-su) announced on the 9th that it upheld the lower court's ruling in favor of obstetrician A in the final appeal trial of the license revocation cancellation lawsuit filed against the Minister of Health and Welfare.

In January 2015, mother B gave birth at an obstetrics clinic in Gangnam, Seoul, operated by A, and the baby suffered from 'hypoxic ischemic encephalopathy.' The dispute began after B's report, and around March to April 2015, A backdated entries on nursing records regarding the condition of the mother and fetus, the measures taken for the mother, and the times of those measures, forged nurses' signatures, and submitted the forged nursing records to the Korea Medical Dispute Mediation and Arbitration Agency.

In September of the following year, A was indicted on charges of professional negligence causing injury, forgery of private documents, and obstruction of business. The first trial, appeal, and final appeal all sentenced him to 8 months in prison with a 2-year probation for forgery of private documents and obstruction of business, but acquitted him of professional negligence causing injury for harming the fetus.

After the Supreme Court's ruling was finalized, in June 2020, the Minister of Health and Welfare revoked A's medical license on the grounds that he fell under the disqualification stipulated in Article 8, Paragraph 4 of the Medical Service Act. In response, A filed a lawsuit arguing that the disqualification under Article 8, Paragraph 4 of the Medical Service Act is limited to the crimes of forging and using false medical certificates, and that the crime of using forged nursing records does not fall under this.

Article 8 of the Medical Service Act stipulates disqualification for medical personnel who have been sentenced to imprisonment or heavier penalties for crimes such as forgery and use of false medical certificates under Articles 233 and 234 of the Criminal Act, or violations of the Health Crime Control Act.

The first and second trials judged that since the charges for which A was punished in the criminal trial were general forgery and use of private documents under Articles 231 and 234 of the Criminal Act, revocation of the license under the Medical Service Act was not possible, and thus ruled that A's license could not be revoked.

Since A was punished for forgery and use of private documents, not for forgery and use of medical certificates, it does not constitute grounds for license revocation under the Medical Service Act.

The Supreme Court also agreed with the lower courts' judgment.

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