'3-Month License Suspension' and Prosecution: Administrative and Judicial Actions
Expected to Intensify from the 4th
The Ministry of Health and Welfare has publicly notified an order to commence work for some of the residents engaged in collective action through its website and other means.
Following the delivery of the order letters via mail, mobile text messages, and home visits, the ministry has once again announced the order through a public notice. This suggests that punishment for the residents who have not returned is imminent.
On the 1st, the Ministry of Health and Welfare posted a "Public Notice of Work Commencement Order under Article 59(2) of the Medical Service Act" in the name of the Minister of Health and Welfare on its website.
The individuals concerned are 13 residents affiliated with Seoul National University Hospital, Severance Hospital, Samsung Seoul Hospital, Dongguk University Ilsan Hospital, Yonsei University Severance Hospital, Konkuk University Hospital, Chungbuk National University Hospital, Chosun University Hospital, Bundang CHA Hospital, Keimyung University Dongsan Hospital, Inje University Busan Paik Hospital, and the Catholic Central Medical Center.
The notice stated, "According to Article 59(2) of the Medical Service Act, a work commencement order must be delivered directly or sent by registered mail to medical personnel who have stopped providing medical services without justifiable reasons. However, due to reasons such as closed doors with no one present and inability to confirm addresses, delivery by hand or mail is difficult; therefore, in accordance with the Administrative Procedures Act, this public notice is issued," listing the names, affiliations, and medical license numbers of the individuals concerned.
It further explained, "The collective suspension of medical services by medical personnel may cause significant harm to the health and lives of the public. Therefore, upon confirming the work commencement order, please return to your affiliated training hospital immediately and resume patient care duties. Please be aware that refusal to comply with the work commencement order without justifiable reasons may result in disciplinary action and criminal prosecution under the Medical Service Act."
Amid the ongoing strong confrontation between the government and the medical community over the increase in medical school admissions, medical staff are moving at a large hospital in Seoul on the 29th, the government's deadline for residents who left the hospital to return. Photo by Jinhyung Kang aymsdream@
Since the 16th of last month, the ministry has delivered the work commencement orders via mail, mobile text messages, and through each hospital's training committee. From the 28th, they have visited homes individually to deliver the orders. However, there have been numerous cases where recipients refused to accept the orders by not opening the door or changing their address or phone number.
This public notice serves to reaffirm the effectiveness of the delivery. It indicates that administrative actions such as license suspension or legal proceedings like prosecution are imminent.
Although the general rule is that the effect of public notice delivery occurs 14 days after the date of the notice, the ministry stated in the announcement that the effect takes place from the date of the notice itself. The Administrative Procedures Act allows for the effective date to be set differently in urgent cases and announced accordingly.
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