Mandatory 'Operating Room CCTV' from Today... Operation Begins Amid Medical Community Opposition

KMA Holds Emergency Press Conference Today

From today, the installation and operation of closed-circuit television (CCTV) in all hospitals nationwide will be mandatory. The Korean Medical Association, which has voiced opposition, will hold an emergency press conference today.

According to the medical community on the 25th, the revised Medical Service Act came into effect on this day. With the addition of provisions regarding the installation and operation of CCTV in the revised Medical Service Act, all hospitals must record surgical scenes when the patient is unconscious during surgery or upon request by the patient or their guardian.

Specifically, hospitals must film the surgical scenes of unconscious patients with CCTV if requested by the patient or guardian. Here, "unconscious state" refers to a condition where the patient is under general anesthesia or sedation during surgery and cannot perceive or remember the situation or express their will. Medical institutions must install CCTV so that the patient and all medical staff involved in the surgery are recorded on screen, and the CCTV quality must be HD or higher.

The recorded footage can only be provided in cases such as ▲when investigative agencies or courts request the data ▲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 data for mediation or arbitration of medical disputes.

However, exceptions where recording is not allowed to protect the medical staff’s right to defense are also stipulated. Accordingly, medical personnel can refuse recording in cases of emergency surgery, high-risk surgery, or when it is judged to interfere with the training of residents. Additionally, even if CCTV recording is conducted, audio recording is generally not permitted and can only be done with the consent of both the patient and medical staff.

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 morning of the 5th. Yoon Dong-seop, President of the Korean Hospital Association (left), and Lee Pil-su, President of the Korean Medical Association, are holding up the petition in front of the Constitutional Court.
[Photo by Korean Medical Association]

The medical community has continuously opposed the CCTV installation since discussions began. They argue that it damages trust between doctors and patients, may lead to defensive medicine, infringes on basic rights such as medical staff’s portrait rights, and raises concerns about personal information leakage. On the 5th, the Korean Medical Association submitted a request for a provisional suspension of the revised Medical Service Act and a constitutional complaint to the Constitutional Court. The Korean Hospital Association is also voicing opposition alongside the Medical Association.

Lee Pil-su, president of the Korean Medical Association, stated in filing the constitutional complaint, "If the law is enforced, medical personnel will avoid active treatment due to concerns about the risk of aftereffects," adding, "This deprives our citizens of the opportunity to recover health or save lives through the best medical care." Yoon Dong-seop, president of the Korean Hospital Association, expressed concerns, saying, "Patients’ sensitive information about their health and body, which they may not want to disclose, will be recorded, potentially infringing on their personality rights and privacy," and "There is a possibility that sensitive patient information and images of patients undergoing surgery could be leaked externally due to hacking crimes."

On the other hand, patient organizations oppose the short storage period of surgical room CCTV footage and the numerous exceptions. The Korea Patient Organization Federation stated on the 7th regarding the revised Medical Service Act, "The broad allowance of exceptions to refuse filming undermines the legislative intent, and the short video retention period of 30 days from the filming date is excessively disadvantageous to patients." They argue that considering the time required for medical disputes, the CCTV footage retention period should be at least 90 days.

Meanwhile, the Korean Medical Association will hold an emergency press conference on the afternoon of the 25th at the Medical Association building in Yongsan-gu, Seoul. The results of a survey of Medical Association members regarding the mandatory surgical room CCTV will be announced at the press conference.