[Seocho-dong Legal Talk] Reissuing Medical License to Doctor Involved in Illegal Drug Use and Corpse Abandonment?

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[Asia Economy Reporter Kim Daehyun] The Sentiment of Repentance (改悛의 情). This legal term, which means an attitude of reflection, became a key issue in a lawsuit disputing whether a doctor who served a prison sentence for 'illegal drug use and corpse abandonment' can have their medical license reinstated.

Mr. A was the director of an obstetrics and gynecology clinic in Gangnam-gu, Seoul. On the evening of July 30, 2012, around 7 p.m., while drinking with fellow doctors, about four hours later, he received a request from an acquaintance, Mr. B, to "help him sleep comfortably and deeply." He administered a mixture of 13 drugs, including the psychotropic drug midazolam. About two hours later, Mr. B stopped breathing and died due to the side effects and influence of the drugs. Mr. A placed Mr. B's body in his car, parked it in a park parking lot, and left.

Mr. A was sentenced to 1 year and 6 months in prison and fined 3 million won for violating the Narcotics Control Act, professional negligence resulting in death, and corpse abandonment. Consequently, the Ministry of Health and Welfare revoked his medical license. After completing his sentence and the three-year restriction period for reissuance, Mr. A applied for license reinstatement in 2017, but in March 2020, the Ministry rejected the application. Mr. A filed an administrative lawsuit against the Ministry, requesting the cancellation of the refusal.

The first trial ruled that a chance for 'recovery' should be given. Although the wrongdoing was serious, since he had repented for a long time, granting him the opportunity to serve in the medical field where his skills are needed aligns better with the purpose of the Medical Service Act and the public interest.

The court stated, "Many colleagues and acquaintances of the medical professional have witnessed Mr. A's long period of sincere repentance and are petitioning for his reinstatement for the rest of his life," and recognized that "the plaintiff clearly shows the sentiment of repentance." It also considered that Mr. A had worked various jobs such as medical device sales and office manager at a law firm, and volunteered weekly at a nonprofit organization providing free meals after his release. It was confirmed that he paid a total of 280 million won to the bereaved families during civil and criminal trials.

"The Ministry only stated in the disposition document that 'the decision to deny license reinstatement was made based on the review results of the Administrative Disciplinary Committee in accordance with the Medical Service Act,' without specifying detailed reasons," pointing out procedural illegality as well.

However, the second trial reversed the decision. According to the court on the 25th, the Seoul High Court Administrative Division 4-1 (Presiding Judges Kwon Kihoon, Han Kyuhyun, Kim Jaeho) ruled on the 23rd to dismiss the plaintiff's claim, resulting in Mr. A's loss.

The court stated, "There is no illegality in the discretionary decision made in this case that did not recognize the plaintiff's clear sentiment of repentance," and "The nature of the plaintiff's serious crime fundamentally differs from general medical accidents caused by negligence during treatment."

It added, "The Medical Service Act aims to ensure that all citizens receive high-quality medical benefits and to protect and promote public health. Considering the severity of the crime, this disposition aligns with the purpose of the Medical Service Act," and explained, "In February 2020, five out of six members of the Ministry's Health and Medical Personnel Administrative Disciplinary Committee expressed disapproval regarding Mr. A's application, and the defendant's judgment based on this should be respected."

The court also rejected Mr. A's argument that "the seriousness of the crime and potential social condemnation should not be reflected in this disposition." It ruled, "The Medical Service Act separately stipulates the conditions for license revocation and reissuance. Even if professional negligence resulting in death and corpse abandonment are not grounds for license revocation, considering them as one of the various factors related to reissuance conditions is not illegal."

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