Rebate and Office-Manager Hospital Doctors Widely Exposed... Party and Government Agree on "Law Amendment"

Ministry of Health and Welfare's Written Response to Lawmaker Kim Won-i's Audit Criticism
"Actively Considering Amendment of Medical Service Act for Administrative Sanction Information Disclosure"

[Asia Economy Reporter Choi Dae-yeol] The government and the ruling party have decided to promote a plan to disclose information when medical professionals who violate the Medical Service Act, such as illegal rebates, administrative hospital operators, and false medical billing, receive license suspension penalties. Although hundreds of such penalties are issued annually, related information is not provided to the general public who receive medical services, leading to criticism that the transparency does not meet public expectations.

According to a response letter received by Kim Won-i, a member of the National Assembly’s Health and Welfare Committee from the Democratic Party of Korea, from the Ministry of Health and Welfare on the 18th, the ministry stated, "We will amend the Medical Service Act and the Medical-Related Administrative Disposition Rules to strengthen sanctions against medical professionals who commit serious crimes in line with public expectations."

Earlier, at a recent Ministry of Health and Welfare audit, Representative Kim asked about the background of the recent increase in license suspensions for doctors over the past few years and the management after such penalties. According to Kim, there have been 1,828 license suspension cases for doctors in the past five years. Under the Medical Service Act, certain illegal acts defined by the law, including acts damaging to professional dignity, administrative hospital operations, false medical certificates, and rebates, result in license suspension for up to one year. However, since the penalty information is not disclosed, only the offenders themselves are aware of the violations.

The Ministry of Health and Welfare said, "It is practically difficult to monitor all medical professionals who have received license suspensions," but added, "To ensure public safety, the right to know, and to prevent crimes by medical professionals, we will actively consider revising the Medical Service Act to allow disclosure of administrative penalty information."

Member of the National Assembly Health and Welfare Committee Kim Won-i, Democratic Party of Korea

Broad Interpretation Possible for Medical Professionals’ Damage to Dignity... Could Become a Controversial Issue
Cautious Approach on 'License Revocation upon Confirmation of Imprisonment or Higher Sentence'

With ruling party members emphasizing the necessity and the government supporting the move, there are expected to be no major obstacles to the legislative amendment. Although the specific legal provisions to be amended have not yet been disclosed, since the concept of damage to medical professionals’ dignity can be interpreted rather broadly, precise work is required. Damage to medical professionals’ dignity includes unscientific medical practices, unethical treatment, false or exaggerated advertising, and excessive treatment, which can be revised at the administrative level through enforcement ordinances.

Regarding the proposal to revoke licenses upon confirmation of imprisonment or a higher sentence, a somewhat cautious response was given. Currently, license revocation is only possible for violations of the Medical Service Act, but during this National Assembly audit, ruling party members raised concerns about fairness compared to other national certifications that are revoked upon imprisonment or higher sentences. Even if a medical professional is criminally punished for murder or sexual assault, there is currently no legal basis for license revocation.

The Ministry of Health and Welfare responded, "Considering the characteristics of medical professionals and fairness with other professions, there is a need to strengthen the grounds for license revocation," adding, "Management of medical professional qualifications needs to be operated strictly and fairly to meet public expectations." To this end, they added that they will take measures to enhance objectivity by including members recommended by patient groups and civic organizations in a consultative body.