"Possibility of Administrative Sanctions for Doctors Planning to Leave... Senior Doctor Appeals to Return to Hospital"
"Sajik Responsibility Must Be Borne Individually"
As the government raised the health and medical disaster crisis alert to the highest level, 'Severe,' Professor Kwon Yong-jin of the Public Medical Center at Seoul National University Hospital appealed for doctors who left their workplaces fearing administrative sanctions to return to their hospitals.
On the 23rd, the fourth day of collective action by medical residents opposing the government's plan to increase medical school quotas, a notice is displayed on a large monitor inside Yangsan Busan National University Hospital in Mulgeum-eup, Yangsan-si, Gyeongnam. Photo by Yonhap News
View original imageProfessor Kwon, who was a key figure in the doctors' strike during the 2000 separation of prescribing and dispensing of medicine incident, stated on social media (SNS) on the 23rd, "The escalation of the crisis level provides the government with a substantial basis to exercise strong authority, so it is expected that strict administrative sanctions will be swiftly enforced," adding, "This is not a threat but simply a fact, and a significant number of you may face administrative sanctions."
He expressed concern, saying, "Administrative sanctions remain on record and will follow you until you quit your medical profession," and "If you try to work overseas with a Korean medical license, having 'administrative sanctions under the Medical Service Act' on your documents can be a fatal restriction."
Professor Kwon said that the consequences of resignation must be borne individually. He said, "During the Roh Moo-hyun administration, when I worked as a full-time director of the Korean Medical Association and led protests, I was reported by the Ministry of Education and fined, but the Korean Medical Association only covered the litigation costs and fines," adding, "Senior medical professionals cannot do anything for you, so you must decide for yourselves and take responsibility for any damage."
Even if resignation is accepted, it may violate the Medical Service Act. Professor Kwon diagnosed, "Unlike other countries, our country explicitly stipulates the state's health responsibilities in Article 36, Paragraph 3 of the Constitution," and "If there were no explicit provisions, the likelihood of winning an unconstitutional lawsuit claiming that the government's order to resume work excessively infringes on doctors' freedom to choose their profession would be high, but because of this clause, the chances of winning seem low."
Professor Kwon emphasized, "If you want to fight, return to the hospital, thoroughly understand the situation, and engage in dialogue with the government with better policy alternatives for the national issues the government is concerned about," adding, "That is the role and action that experts in the Republic of Korea, currently facing the side effects of rapid growth, must take."
Prime Minister Han Duck-soo attended the Central Disaster and Safety Countermeasures Headquarters meeting on collective medical staff action held at the Government Seoul Office in Jongno-gu, Seoul, on the morning of the 23rd. He emphasized the response to the issuance of the 'Severe' health and medical disaster crisis alert and urged dialogue between the government and resident doctors. Photo by Yonhap News
View original imageMeanwhile, Prime Minister Han Duck-soo raised the health and medical disaster crisis alert level to the highest, 'Severe,' as of 8 a.m. that day during a meeting of the Central Disaster and Safety Countermeasure Headquarters held at the Government Seoul Office. Prime Minister Han said, "The collective action of the medical community has become full-fledged," and "We will raise the operational level of public medical institutions to the maximum." According to the government, as of the 22nd, about 8,900 residents submitted resignation letters at the top 100 hospitals by number of residents, and among them, about 7,800 left their workplaces.
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The Ministry of Health and Welfare is pressuring doctors who left their workplaces to return on-site, mentioning suspension or cancellation of medical licenses. Violating the order to resume work may result in license suspension under Article 66 of the Medical Service Act or imprisonment for up to three years or a fine of up to 30 million won under Article 88.
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