Ruling Party and Government Do Not Recommend Veto on Medical Law Amendment Bill... Medical Associations Expected to Oppose
Absent from the Ministry of Health and Welfare Briefing on the 15th
The ruling party and government (People Power Party and government) have decided to recommend a presidential veto on the Nursing Act bill, excluding the Medical Service Act amendment (doctor license revocation law) from the target. The Korean Medical Association held an emergency meeting on the same day to devise countermeasures.
Minister of Health and Welfare Cho Kyu-hong plans to announce the government's position on the Nursing Act bill during a briefing at the Government Seoul Office on the afternoon of the 15th. It is known that the Medical Service Act amendment was also excluded from the discussion there.
The Medical Service Act amendment, which passed the National Assembly plenary session along with the Nursing Act bill, includes provisions to expel doctors who commit criminal acts. It expands the grounds for disqualification and license revocation of medical personnel from "criminal acts violating medical-related laws" to "cases where a sentence of imprisonment or higher is imposed regardless of the type of crime (including suspended sentences)."
However, considering the special nature of medical practice, cases of professional negligence causing death or injury committed during medical practice are excluded from the grounds for license revocation.
So far, the government, ruling party, and medical organizations have pointed out that the regulation conflicts with the Administrative Procedures Act, which stipulates that "disqualification criteria should be defined minimally with only necessary items," and have expressed concerns about excessive legislation.
In response, the government and ruling party proposed an alternative to limit license revocation grounds to violations of medical-related laws, sex crimes, and violent crimes instead of all crimes. On the other hand, the opposition party countered that other professions such as lawyers, certified public accountants, and judicial scriveners also have strengthened regulations.
The Medical Service Act amendment, like the Nursing Act bill, is one of the bills opposed by the Medical Welfare and Healthcare Solidarity (Medical Solidarity), including the Korean Medical Association. Medical Solidarity has taken a hardline stance by carrying out two partial strikes and announcing a general strike.
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However, there is a significant difference in stance regarding the Medical Service Act amendment among the Korean Medical Association and other medical professional groups participating in Medical Solidarity. Among the medical organizations, the Korean Intern Resident Association (KIRA), which has a strong influence in collective actions, opposed the Medical Service Act amendment. Kang Min-gu, president of KIRA, stated on the 2nd, "Since doctors must be prepared for license revocation if they disobey work commencement orders during strikes, the license revocation law seriously restricts the labor rights of residents who work excessive hours, making it a 'doctor strike prevention law,'" expressing opposition.
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