"Criminal Punishment" Warning Has Minimal Effect... Government Issues Order to Prohibit Abandonment of Training Contracts

99 Training Hospitals: 80.6% of Residents Submit Resignation Letters
Additional 515 Medical Students from 14 Universities Apply for Leave of Absence
Draft of 'Medical Accident Handling Special Act' Released

The government has attempted to resolve the medical service gap by stating that it will not hold resident doctors who left hospitals accountable if they return within this month, but the effect has been minimal. The Ministry of Health and Welfare announced plans to swiftly address issues in the medical field through the establishment of an 'Immediate Response Team.'

Park Min-su, the 1st General Coordinator of the Central Disaster and Safety Countermeasures Headquarters and the 2nd Vice Minister of Health and Welfare. [Image source=Yonhap News]

The Central Disaster and Safety Countermeasures Headquarters (CDSCH) for the doctors' collective action reported in a briefing on the morning of the 27th that, as of 7 p.m. on the 26th, 9,909 resident doctors, accounting for 80.6% of those affiliated with 99 major training hospitals, had submitted resignation letters. However, not all resignation letters were accepted. The number of resident doctors who left their workplaces was confirmed to be 8,939, about 72.7% of the total residents. One hospital, which is scheduled to receive a correction order due to incomplete data submission, was excluded from this statistic.

Park Min-su, the 2nd Vice Minister of Health and Welfare, said, "It is difficult to verify the fact of return, so compiling accurate statistics is challenging," but added, "In some hospitals, resident doctors are returning in considerable numbers." Vice Minister Park also urged, "We call on resident doctors to return to clinical practice and training positions as soon as possible."

The government announced that on the 26th, it issued a medical service maintenance order targeting doctors who were scheduled to start working as residents from the 1st of next month but have been increasingly refusing their appointment contracts. This order prohibits the refusal of new resident appointment contracts or the extension of training contracts without justifiable reasons. Previously, when existing residents threatened to submit resignation letters starting from the 20th, the government issued a medical service maintenance order targeting them on the 19th. However, the residents have been rejecting this order and submitting resignation letters.

The number of medical students applying for leave of absence also increased by about 500. According to the Ministry of Education's 'Medical School Situation Countermeasures Team,' on the 26th, a total of 515 students from 14 universities applied for leave of absence. Forty-eight students from three universities withdrew their leave applications. Vice Minister Park stated, "One university rejected 201 leave applications that did not meet the requirements," and added, "Four students from four universities were granted leave, but there were no approvals for 'alliance leave'."

Following the residents' collective action, new patient admissions at tertiary hospitals decreased by 24%, and surgeries decreased by about 50% based on 15 tertiary hospitals. However, the Ministry of Health and Welfare has identified all these patients as moderate or mild cases. Vice Minister Park explained, "Normally, the patient composition at tertiary hospitals is about 55% severe cases and 45% moderate or mild cases. Considering that the recent decrease in outpatient visits at tertiary hospitals is only 2.5%, we believe there is capacity to treat severe patients."

Additionally, the government announced on the 27th the establishment of an 'Immediate Response Team' within the Ministry of Health and Welfare. The Immediate Response Team consists of a 'Support Team' and a 'Field Dispatch Team.' When dispatched to the field, local governments will collaborate with the Health Insurance Review and Assessment Service, National Health Insurance Service, Fire Agency, Emergency Medical Centers, and police to verify facts and promptly resolve issues in regional medical sites.

A draft bill for the enactment of the 'Medical Accident Handling Special Act' was also disclosed. The bill aims to alleviate judicial burdens related to medical accidents. The bill can be supplemented after additional feedback is collected through a public hearing scheduled for the 29th.

First, if a medical practitioner is enrolled in 'liability insurance or mutual aid,' even if a patient suffers injury due to medical negligence, prosecution cannot be initiated without the patient's consent. Liability insurance or mutual aid refers to insurance with a set compensation limit.

Doctors enrolled in 'comprehensive insurance or mutual aid' will not be prosecuted even if a patient is injured due to medical negligence, and in particular, prosecution is exempted for essential medical acts even if serious injury occurs. In cases where a patient dies during essential medical acts, sentence reduction can be applied. These special provisions apply when participating in mediation and arbitration procedures of the 'Korea Medical Dispute Mediation and Arbitration Agency.' Comprehensive insurance or mutual aid refers to insurance that compensates the full amount of damages.