[Exclusive] Medical Crisis Worsens to Unprecedented Levels... Medical School Professor Who Resolved to Resign Says "Disciplinary Action Impossible"

As medical school professors opposing the increase in medical school admissions and disciplinary actions against residents have resolved to submit their resignation letters simultaneously on the 25th, an analysis suggests that the government cannot discipline professors for resignation or refusal to provide medical services. Accordingly, the resignation of medical school professors is expected to cause an unprecedentedly severe medical crisis that is difficult to compare with the resignation of residents.

Amid nationwide medical school professors uniting to submit resignation letters in protest against the government's decision to increase medical school admissions, a medical official was seen moving around the faculty research building of a university hospital in Seoul on the morning of the 17th.
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According to the medical community on the 20th, professors from 19 medical schools nationwide have decided to resign. Professors from 16 medical schools, including Seoul National University, who participated in the 'National Medical School Professors Emergency Countermeasures Committee (Emergency Committee),' resolved to resign at the second general meeting of the Emergency Committee on the 15th. Subsequently, professors from Yonsei University and Pusan National University medical schools also announced their intention to submit resignation letters. Professors from the Catholic University medical school, which did not participate in the Emergency Committee, also independently resolved to resign. In addition, professors from Jeju National University and Konkuk University medical schools are discussing submitting resignation letters.

The Ministry of Health and Welfare plans to issue medical service continuation orders if medical school professors collectively resign and impose license suspension on professors who abandon medical duties. Park Min-su, the second vice minister of the Ministry of Health and Welfare, stated at a briefing on the 12th, "Since medical school professors are fundamentally medical professionals, various orders based on the Medical Service Act can be issued regarding their departure from medical sites." However, unlike residents who were uniformly subjected to work commencement orders, medical service continuation orders, and license suspensions, it is known that the scope of government discipline for medical school professors is limited depending on the nature of the employing university (national or private) and appointment conditions (full-time, funded, clinical professors).

Unlike residents who contract annually with training hospitals for a four-year term, most medical school professors are tenured regular university faculty members guaranteed employment until the retirement age of 65. According to Article 660 of the Civil Act, workers without a fixed employment period can terminate their contracts at will, and the termination takes effect one month after notification. The legal consensus is that the government cannot issue medical service continuation orders after the employment contract ends. The professors' statement that they will continue medical services until their resignation letters are accepted means that after one month (30 days) from submitting the resignation letter, the employment contract ends, and they can cease medical services. If they submit resignation letters as scheduled on the 25th and maintain normal medical services until the 24th of the following month, one month later, issuing work commencement or medical service continuation orders will be impossible.

The specific effect of medical school professors' resignation varies depending on whether they belong to national or private universities.

National universities (including Seoul National University) have university hospitals that are medical corporations separate from the university. Medical school professors are university faculty members, and their medical services at university hospitals are conducted as 'concurrent employment (dispatch) at an external medical institution' by order of the university president. Therefore, national university medical school professors can either resign from their faculty positions entirely by submitting resignation letters to their university or maintain their university faculty status while canceling their concurrent employment at the university hospital. Concurrent employment cancellation is possible without stringent restrictions upon the professor's application to both the university and hospital and does not constitute medical service refusal under the Medical Service Act. However, since clinical department professors rarely only teach students without providing hospital medical services, there have been almost no cases of concurrent employment cancellation so far.

Legal experts interpret that if a national medical school professor resigns, the hospital concurrent employment (dispatch) is automatically canceled. Jung Hye-seung, a lawyer at Banwoo Law Firm, said, "If the university faculty qualification is lost, the dispatch is also canceled," adding, "Since there is no medical service obligation based on dispatch, they are not subject to medical service continuation orders." She further stated, "Full-time professors without a specified employment period are generally considered to have their resignation take effect one month after submitting the resignation letter." This explains that the government has no means to prevent national medical school professors' resignation or concurrent employment cancellation.

Currently, some national medical school professors are reportedly considering concurrent employment cancellation. An Emergency Committee official said, "National medical school professors will likely maintain their faculty positions initially and apply for concurrent employment cancellation first." Another medical community official said, "Some professors want to submit resignation letters immediately, while others see resignation as a way to urge the government to engage in dialogue and prefer to start with concurrent employment cancellation." The Emergency Committee stated that whether to resign from the faculty position or cancel concurrent employment will be left to each professor's choice. Resigning from the faculty position stops medical student education, while canceling concurrent employment maintains medical student education.

On the other hand, private medical school-affiliated hospitals belong to the university foundation along with the university, unlike national universities, which are separate legal entities. Therefore, unlike national universities, private medical school professors do not have concurrent employment with affiliated hospitals. Resignation for private medical school professors means only one way: quitting the medical school faculty position itself. Thus, when private medical school professors resign, both affiliated hospital medical services and medical student education are simultaneously halted.

Separately from the national/private distinction, resignation procedures also differ according to the individual status of medical school professors. Medical school professors are classified as full-time professors, funded professors, and clinical professors. Full-time professors are university faculty members, most of whom have tenure. They are regular employees guaranteed the 'freedom to resign' under Article 660 of the Civil Act. Funded professors belong to the university and are responsible for medical student education but are contract employees without tenure. Like residents, they are subject to work commencement orders if they abandon medical duties. Full-time and funded professors submit resignation letters to the university president. Clinical professors are contract physicians affiliated with hospitals who only provide medical services without teaching medical students. Although their title is 'professor,' they are not actual medical school professors and submit resignation letters to the hospital director.

Because medical school professors have different statuses, affiliations, and resignation procedures, even professors who have resolved to resign are confused. According to the Emergency Committee, the reason for deciding to submit resignation letters on the 25th is due to such complex circumstances. An Emergency Committee official said, "Although we want to collect and submit resignation letters collectively to show the unity of medical school professors, the resignation process is too complicated to do so," adding, "Professors will likely submit resignation letters according to their individual situations by the 25th." The official also said, "Even professors from the same medical school and department have different resignation letter formats and submission methods, leading to continuous inquiries from professors to each medical school Emergency Committee about resignation letter preparation and submission."

The government also finds it difficult to respond uniformly to medical school professors' resignations. On the 18th, the Ministry of Health and Welfare sent official letters to the presidents of 40 universities with medical schools nationwide, requesting submission of regulations related to professor resignation or concurrent employment cancellation by the 20th and is awaiting responses.

There is also a view that the Ministry of Health and Welfare can issue medical service continuation orders to medical school professors. Article 59, Paragraph 1 of the Medical Service Act states that the Minister of Health and Welfare or provincial governors may provide necessary guidance and orders to medical institutions and medical personnel if deemed necessary for health and medical policy or if there is a risk of significant harm to public health.

Lee Dong-chan, chief lawyer at The Friends Law Office, said, "The Medical Service Act does not have specific provisions on medical service continuation orders, and it is unclear under what circumstances and to whom such orders can be issued," adding, "It appears to be an order issued when there is a risk of significant harm to public health." He said, "Since the status of doctors is the same regardless of their affiliated institutions, medical service continuation orders can be issued if necessary for public interest." However, medical service continuation orders are symbolic orders without disciplinary or punitive provisions under the Medical Service Act, so there are no disadvantages even if medical school professors do not comply.

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