D-1 Before Group Action Residents' Return Deadline... Prosecution and Police Ready for Investigation

Hospital Raids Likely to Secure Data from Residents Refusing to Return
Strong Measures Including Arrest Warrants Expected... Prompt Investigation Through Prosecution-Police Cooperation

The government has one day left before the deadline it set to launch a full-scale investigation if the residents engaged in collective action do not return to the hospitals. Since the government has effectively issued a final ultimatum to the doctors participating in the collective action, attention is focused on how investigative agencies such as the prosecution and police will respond.

As the number of residents who collectively resigned in opposition to the increase in medical school quotas exceeded 10,000, on the 26th, officials belonging to the Korean Health and Medical Workers' Union under the Korean Confederation of Trade Unions held a press conference urging the normalization of medical services at the Saengmyeong Hall of the Health and Medical Workers' Union in Yeongdeungpo-gu, Seoul. Photo by Jinhyung Kang aymsdream@

According to a comprehensive report by Asia Economy on the 28th, the prosecution and police have completed legal reviews regarding the residents involved in the collective action and the Korea Medical Association (KMA), and are coordinating the scope of the investigation.

As the government announced that if the residents do not return to the field, it will take measures such as license suspension, investigation, and prosecution starting in March, investigative agencies appear to be preparing accordingly.

First, the prosecution and police plan to strictly respond to illegal collective actions through a working-level consultative body. They have established a policy to conduct detention investigations on organizations or individuals leading the collective action. Individual residents refusing to return to work will, in principle, be formally prosecuted and brought to trial rather than being subject to summary prosecution requesting fines or penalties.

A prosecution official stated, "The prosecution will assign the Public Investigation Division, which has experience investigating past medical strike incidents, to handle this case," and added, "The prosecution and police will collaborate to conduct a swift investigation."

Additionally, it has been reported that the police are collecting information mainly through the police stations with jurisdiction over the residents engaged in collective action. However, it is known that information related to personal details cannot be collected without a search warrant, and hospitals are refusing such requests. The Ministry of Health and Welfare has already received personal information of doctors who have submitted resignation letters from each hospital. It is also reported that hospitals have been instructed to report detailed matters such as residents' attendance and refusal to assign patients.

However, if the residents do not return by the deadline set by the government’s ultimatum, the police, who have investigative authority, may quickly apply for search warrants to the court in consultation with the prosecution to secure work records of the residents engaged in collective action.

The prosecution is highly likely to start investigations by applying charges of obstruction of business and violation of the Medical Service Act against residents who disobey the government’s order to resume work. Since the government is responding to this situation on an inter-ministerial level, materials secured by related ministries such as the Ministry of Health and Welfare are expected to be promptly transferred to investigative agencies.

Attorney Shin Hyun-ho, a specialist in medical law, predicted, "The resident executive committee will likely be charged with obstruction of training hospital business," and added, "Individual residents who violate the order to resume work will be subject to imprisonment of up to three years or fines of up to 30 million won under Article 88 of the Medical Service Act."

He continued, "The investigation should be considered already underway, and if a doctor who received the order to resume work does not show up, they will first be criminally booked, and one or two people may be detained," but added, "Although theoretically punishment is fully possible, it is not feasible to make all residents criminals. Ultimately, the government must exercise negotiation power to resolve this situation."

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