Korean Medicine Clinic's COVID-19 Rapid Antigen Test Ultimately Heads to Court

[Photo by Korean Medicine Doctors Association]

원본보기 아이콘

[Asia Economy Reporter Lee Gwan-ju] The controversy surrounding the implementation of COVID-19 rapid antigen tests (RAT) at Korean medicine clinics has ultimately reached the courts. The Korean Medicine Association (KMA), opposing the government’s policy of not recognizing tests conducted at Korean medicine clinics, has filed an administrative lawsuit with the Seoul Administrative Court.

The KMA plans to close the separately operated "COVID-19 Korean Medicine Treatment Reception Center," but will continue the lawsuit until a legal judgment is reached.

According to the medical community on the 17th, the KMA filed an administrative lawsuit on the 12th against the Director of the Korea Disease Control and Prevention Agency (KDCA) at the Seoul Administrative Court, titled "Cancellation of refusal orders and other administrative lawsuits necessary to protect the rights of Korean medicine doctors related to the Integrated Disease and Health Management System."

This is in response to the quarantine authorities not recognizing expert rapid antigen tests conducted at Korean medicine clinics. The quarantine authorities currently restrict the registration of confirmed cases identified through rapid antigen tests conducted at Korean medicine clinics in the KDCA system.

The KMA also stated that last month it sent an official letter to the KDCA asking whether there were any instructions or guidelines from the Ministry of Health and Welfare or others to refuse or withhold approval of the KDCA system authority for COVID-19 reporting by Korean medicine clinics, and whether there was any refusal or withholding of authority for Korean medicine clinics, but received no response.

At a press conference, Hong Ju-ui, president of the KMA, explained, "Korean medicine doctors are medical professionals responsible for the health of the people, and to properly fulfill their duties and quickly enhance quarantine effectiveness to improve patient convenience, it is desirable to seek solutions through a just legal judgment rather than meaningless waiting. This is why we have filed the lawsuit."

He added, "This is a clear dereliction of duty by the KDCA, which must prioritize the health and lives of the people and effectively protect them from infectious diseases like COVID-19," and criticized, "I am confident that the KDCA, which has fallen into a serious self-contradiction, will face stern legal judgment."

In this regard, medical organizations such as the Korean Medical Association (KMA) oppose allowing Korean medicine doctors to conduct COVID-19 rapid antigen tests. At the end of last month, when this controversy arose, the KMA pointed out that "it is inappropriate for other professions to conduct rapid antigen tests," citing the Medical Service Act provisions that prohibit unlicensed medical practice and regulate the duties of medical personnel by category (physicians, dentists, Korean medicine doctors). The KMA criticized, "Our citizens have the right to safely receive tests from licensed physicians authorized to perform medical acts. We must not cause anxiety about testing among the public."

Additionally, the Korean Pediatric Society filed complaints against Korean medicine clinics that conducted rapid antigen tests last month, while the Korean Association of Private Practitioners stated, "(Rapid antigen testing) may seem simple, but it requires clinical experience with nasal and oral testing," and criticized, "Despite the presence of experts in this field?physicians?the KMA’s claim to conduct tests at Korean medicine clinics reflects arrogance and a misguided sense of superiority, which should be reconsidered."

Ultimately, whether to allow rapid antigen testing at Korean medicine clinics will be decided by the court. In a recent announcement about the closure of the COVID-19 Korean Medicine Treatment Reception Center, the KMA stated, "Through legal judgment, Korean medicine will be able to approach the public more closely, and we will strive to improve our treatment environment," and added, "We will establish a system that includes Korean medicine doctors in infectious disease prevention and management systems such as rapid antigen testing, so that we can fulfill our duties as medical professionals."

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