Resident doctors file lawsuit to cancel the 'Order Prohibiting Acceptance of Collective Resignation Letters'

Plans for Administrative Lawsuits Targeting Work Commencement and Medical Service Continuation Orders

Resident doctors who resigned have filed a constitutional complaint and administrative lawsuit against the government's order issued last February prohibiting the acceptance of collective resignation letters.

On the morning of the 15th of last month, residents wearing black clothes entered holding placards at the 'Group Lawsuit Press Conference Against Policy-Damaged Residents, Accusing Park Min-su, the 2nd Vice Minister of the Ministry of Health and Welfare, of Abuse of Authority and Obstruction of Rights' held at the Korea Medical Association in Yongsan-gu, Seoul.
[Image source=Yonhap News]

The Korea Medical Association announced on the 8th that 907 resident doctors who resigned filed constitutional complaints and administrative lawsuits against the government in two rounds on the 3rd and 7th. A total of 1,050 resident doctors who resigned plan to additionally file administrative lawsuits against the government's orders to commence work and maintain medical services.

In their administrative lawsuit petition, they explained the reason for filing the lawsuit, stating, "The order prohibiting the acceptance of resignation letters was issued arbitrarily despite no serious harm or risk of harm to public health, there is no legal basis for such a prohibition under the Medical Service Act, and it lacks appropriateness, necessity, and reasonableness."

Im Hyun-taek, president of the Korea Medical Association who supported the resident doctors, said, "Since my candidacy, we have been preparing legal procedures against the unconstitutional and illegal administrative orders from the Ministry of Health and Welfare targeting resident doctors," adding, "Starting with the first step, the order prohibiting the acceptance of resignation letters, we will definitely invalidate it through the judiciary together with the resident doctors."

He continued, "The government must painfully realize and reflect that resident doctors who resigned will never return through coercion such as criminal punishment and license suspension used to intimidate doctors."

He also said, "Let us first establish genuine essential medical care and regional healthcare revival policies together with doctors that can make resident doctors who voluntarily resigned voluntarily return to the training environment."

Recently, resident doctors also filed an administrative lawsuit against government officials separately from this case. On the 3rd, they, led by Park Dan, emergency committee chairperson of the Korean Intern and Resident Association (KIRA), filed an administrative lawsuit at the Seoul Administrative Court against Minister Cho Kyu-hong of the Ministry of Health and Welfare, seeking cancellation of the orders to commence work, maintain medical services, and prohibit acceptance of resignation letters.