Medical Students' Group Refusal of National Medical Exam "Give Us a Chance in the Second Half" Lose Lawsuit

Medical Student A: "Eligibility Restrictions Violate Freedom of Occupation and Equality Rights"
Court: "Giving More Opportunities Causes Reverse Discrimination Issues"

Photo by Yonhap News

[Asia Economy Reporter Na Ye-eun] Candidates who collectively refused to take last year's medical licensing examination (Korean Medical Licensing Examination, KMLE) and failed the rescheduled exam in the first half of this year filed a lawsuit claiming that the restriction on taking the exam in the second half of the year was unfair, but lost in the first trial.

According to the legal community on the 29th, the Seoul Administrative Court Administrative Division 13 (Presiding Judge Jang Nak-won) announced on the 22nd that it ruled against the plaintiffs in a lawsuit filed by 33 medical students including Mr. A against the Korea Health Personnel Licensing Examination Institute (KHPLEI), demanding the cancellation of the restriction on eligibility to take the exam.

Earlier, in June last year, KHPLEI announced the '2021 85th (2020 administration) Medical Licensing Examination Practical Test Implementation Plan,' but at that time, medical students nationwide collectively decided to cancel their participation in protest against the government's medical policies such as expanding medical school quotas and establishing public medical schools.

In response, the Ministry of Health and Welfare, concerned about the shortage of doctors, decided to split the scheduled national practical exam this year into the first and second halves, and announced that those who took the exam in the first half could not take it in the second half.

During the trial, Mr. A and others argued, "The eligibility for the first and second half exams is different, and the first half exam can be seen as an extension of the 85th medical licensing practical exam," and claimed that "restricting eligibility infringes on the freedom of occupational choice and the right to equality."

On the other hand, KHPLEI countered, "If candidates who took the first half exam were also given the opportunity to take the second half exam, it would go against the purpose of the Medical Service Act Enforcement Rules."

Meanwhile, the court ruled, "It is reasonable to consider the first half exam as the same 86th medical licensing practical exam as the second half exam," and rejected the plaintiffs' claims.

Furthermore, the court stated, "Although sufficient opportunities to re-register for the 85th practical exam held in the second half of last year were provided, the candidates did not take it and instead took the 86th first half exam," and judged that "this is equivalent to being given two chances to take the practical exam after passing the written exam once."

The court also pointed out, "If the opportunity to take the second half exam is granted, it would mean giving one more chance, which would cause reverse discrimination issues."