Welfare Ministry Warns "Medical License Revocation if Medical Community Takes Collective Action"

Strong Measures Including Work Commencement Order
"Do Not Doubt Our Sincerity" Plea
Resident Doctors' Group, Executive Resigns... 'Transition to Emergency Committee'

The government has launched a comprehensive preemptive response to the medical community's announcement of collective action opposing the increase of 2,000 medical school admissions.

On the 13th, the government stated, "The doctors' collective action has no justification," warning with strong measures such as work commencement orders and revocation of medical licenses, while emphasizing the government's efforts for 'regional and essential medical care innovation' to persuade residents, appealing, "Please do not doubt our sincerity."

Following the previous day's transition of the residents' association opposing the medical school expansion into an 'Emergency Countermeasures Committee system' to discuss collective action and other responses, the government is closely monitoring the situation, keeping open the possibility of a medical strike.

[Image source=Yonhap News]

The Ministry of Health and Welfare held a 'Central Accident Response Headquarters for Doctors' Collective Action (CARH)' meeting chaired by Minister Cho Kyu-hong on the morning of the same day to discuss emergency response plans.

At a press briefing after the CARH meeting, Park Min-su, the 2nd Vice Minister of Health and Welfare, said, "It is fortunate that there was no declaration of collective action at the residents' association's temporary general meeting held the previous day."

The Korean Intern Resident Association (KIRA) held an online temporary general assembly at 9 p.m. the previous day to discuss whether and how to proceed with collective action. Although they did not mention any plans for collective action, the executive members, except for President Park Dan, decided to resign en masse and transition to an emergency countermeasures committee system. Vice Minister Park said, "Since it is not confirmed whether they will take collective action or not, we will remain vigilant and continue to monitor the situation closely."

He added, "The government has prepared preemptive response plans for all possible forms of collective action by the medical community," urging residents to "stay by the patients' side."

On the same day, Vice Minister Park refuted the claims raised by the medical community regarding the increase in medical school admissions, explaining each point in detail.

First, regarding the claim that the announcement of medical school expansion is a 'general election ploy' and that the scale of 2,000 additional admissions will be reduced after the election, he said, "We will swiftly proceed with the relevant procedures in consultation with the Ministry of Education to finalize the allocation by each school before April," drawing a line against compromise. Regarding the claim that 2,000 additional admissions are excessive, he countered, "Considering that an additional 15,000 doctors will be needed by 2035, this number is below that level," and "Given the shortage caused by no increase over 19 years, this is by no means excessive." He also addressed the claim that the increase in doctors would cause 'health insurance financial collapse,' explaining, "There is no empirical evidence for this, and rather, increasing the number of doctors will allow the public to receive essential medical services sufficiently, thereby preventing severe conditions and reducing social costs."

The Ministry of Health and Welfare plans to use all means to prevent the medical community from entering a strike.

[Image source=Yonhap News]

As some residents are considering submitting collective resignation letters to preemptively nullify the government's work commencement orders in case of a strike, the Ministry has ordered training hospitals not to accept collective resignation letters based on Article 59 of the Medical Service Act and Article 15 of the Specialist Training Regulations. It also revealed that if the Korean Medical Association (KMA) leads a full-scale strike, the Fair Trade Act may also be applied.

Nevertheless, if collective action proceeds, the government plans to issue work commencement orders. Medical personnel who violate these orders may face suspension of qualifications for up to one year and imprisonment for up to three years. Under current medical law, a medical license can be revoked if a person is sentenced to imprisonment or higher, probation, or suspended sentence. Ultimately, if doctors do not comply with the government's work commencement orders, their medical licenses can be revoked. Licenses can also be revoked under the Emergency Medical Service Act and the Criminal Act (obstruction of business). The government has stated that there will be no 'compromise' like during the 2020 medical school expansion attempt, when over 80% of residents participated in a collective work stoppage causing medical service gaps, leading to the cancellation of the expansion plan. However, the government explains that the previous situation was different due to the special circumstances of the COVID-19 pandemic.

Prior to this, the government also introduced policies to appease the medical community. The Ministry of Health and Welfare announced it would promptly push forward the enactment of the 'Medical Accident Handling Special Act' to establish a medical accident safety net and improve the fee system. On the 11th, Minister Cho posted on social media a 'Letter to Residents,' stating, "The package of medical school expansion and essential medical care policies aims to solve long-standing health care issues and improve the system where residents, burdened by excessive work, cannot focus on training, allowing them to better develop their skills and qualities during the training period."

[Image source=Yonhap News]

However, the medical community continues to escalate its opposition to the government's stance. On the 12th, during the Lunar New Year holiday, residents began to prepare for collective action against the medical school expansion. KIRA held an online temporary general assembly at 9 p.m. the previous night. The assembly discussed whether and how to proceed with collective action. After the meeting extended past midnight, KIRA announced on its official website that it would transition to an emergency countermeasures committee system. No specific collective action plans were mentioned. Recently, residents at the 'Big 5' hospitals (Seoul National University, Severance, Samsung Seoul, Seoul Asan, and Seoul St. Mary's) decided to participate in the strike. They are expected to begin striking after the 15th.

President Park said on his social media on the 7th, "We need to establish a Medical Workforce Supply and Demand Estimation Committee so that the government and medical community can jointly develop a plan for doctor workforce supply and demand," adding, "I will explore all possible responses to ensure that Korean healthcare moves in a desirable direction."

Meanwhile, the KMA opposes the government's flood of preemptive administrative orders such as prohibiting acceptance of collective resignation letters for a strike that has not yet occurred, arguing that it infringes on the basic rights guaranteed to medical personnel. The KMA stated that it plans to return the administrative order titled 'Prohibition of Collective Action and Incitement of Collective Action,' sent by the Ministry of Health and Welfare before the Lunar New Year holiday. According to Article 59, Paragraph 1 of the Medical Service Act, which the Ministry cites as the basis, the KMA argues that it is not a subject eligible to receive such administrative orders. The KMA's position is that under this law, the government can issue guidance or orders only to medical institutions or individual medical personnel, but since the KMA is neither a medical institution nor an individual medical personnel, there is no basis for receiving the order.

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