[Mandatory Surgery Room CCTV] Two Weeks Away... Medical Field 'Preparing'

The mandatory installation of closed-circuit television (CCTV) in hospital operating rooms will take effect on the 25th. Despite ongoing opposition from the medical community, major tertiary hospitals are currently undertaking preparatory work for CCTV operation.

According to coverage on the 11th of major tertiary and university hospitals in the Seoul area, the majority are continuing preparations, including installing operating room CCTVs. A representative from a major tertiary hospital in Seoul stated, "The Ministry of Health and Welfare has issued guidelines regarding CCTV installation, and we are preparing installations based on these," adding, "We are preparing to have it operational from the 25th." Another representative from a tertiary hospital also said, "We are carrying out related work to enable CCTV operation in line with the law's enforcement."

According to the amended Medical Service Act, if a patient or guardian requests, the hospital must record the surgery of an unconscious patient via CCTV. Here, 'unconscious state' refers to a condition where the patient is under general anesthesia or sedation during surgery and is unable to perceive or remember the situation or express their will.

The recorded footage can be provided only in cases such as ▲when investigative agencies or courts request the material ▲when all parties involved in the surgery, including the patient and medical staff, consent ▲when the Korea Medical Dispute Mediation and Arbitration Agency requests the material for mediation or arbitration of medical disputes. However, to protect the medical staff's right to defense, medical personnel may refuse recording in cases of emergency surgery or high-risk operations, or if it is deemed to interfere with resident training. Additionally, even if CCTV recording is conducted, audio recording is generally prohibited unless both the patient and medical staff agree.

The amended Medical Service Act states that the government or local governments may support the costs related to CCTV installation, but currently, the Ministry of Health and Welfare only provides installation cost support to general hospitals or below. Accordingly, major general hospitals are installing CCTVs using their own funds. A Ministry of Health and Welfare official explained, "We have distributed guidelines containing detailed standards for installation such as CCTV resolution, management standards including recording and viewing logs, and specific judgment criteria for operation to hospitals of all levels," adding, "We are conducting a survey to verify the current status of hospital CCTV installations as much as possible before the amendment takes effect."

The Korean Medical Association and the Korean Hospital Association submitted a request for provisional suspension of the enforcement of the amended Medical Service Act provisions and a constitutional complaint petition to the Constitutional Court on the 5th. Yoon Dong-seop, President of the Korean Hospital Association (left), and Lee Pil-soo, President of the Korean Medical Association, are holding up the complaint in front of the Constitutional Court.
[Photo by Korean Medical Association]

The medical community has continuously opposed the mandatory CCTV installation since the discussion began and up to now. They argue that it damages trust between doctors and patients, induces defensive medical treatment by medical staff, and raises concerns about infringement of basic rights such as portrait rights and the leakage of personal information. As the law's enforcement approaches at the end of this month, the Korean Medical Association submitted a request for a provisional injunction to suspend the effect of the amended Medical Service Act and a constitutional complaint to the Constitutional Court on the 5th. The Korea Hospital Association is also voicing opposition alongside the Medical Association.

Lee Pil-su, president of the Korean Medical Association, stated when filing the constitutional complaint, "If the law is enforced, medical professionals will avoid active treatment due to concerns about the risk of complications," adding, "This deprives our citizens of the opportunity to recover their health or save their lives through the best possible medical care."

The amended Medical Service Act mandating the installation of operating room CCTVs was passed by the National Assembly plenary session in August 2021. It was seven years since the amendment was first proposed and discussed. Supporters of mandatory CCTV installation emphasize clarifying responsibility in medical accidents, blocking proxy surgeries, and protecting patients' rights. The impetus for publicizing and proposing this amendment was the occurrence of cases where patients died due to proxy surgeries at some hospitals and the detection of inappropriate acts such as sexual harassment by medical staff toward patients in operating rooms.