Medical Association President Targets Judge Who Convicted Doctor
Court: "Serious Insult... Expresses Deep Regret"
Im Hyeon-taek, president of the Korea Medical Association (KMA), was publicly criticized by the Changwon District Court for openly condemning a judge who sentenced a doctor indicted on charges of professional negligence causing injury.
On the 10th, the Changwon District Court issued a statement in the name of the court, saying, "Yesterday (the 9th), the association president posted a photo of the judge who made the criminal ruling on social media and wrote personal attacks, which is a serious insult to the dignity of the presiding judge," adding, "Moreover, this is a highly inappropriate act that could significantly undermine the independence of the judiciary and public trust in the judicial system, and we express deep regret."
Earlier, on the 8th, when the Criminal Division 3-2 of the Changwon District Court upheld the original sentence of 10 months imprisonment with a two-year suspended sentence for Dr. A, a doctor in his 60s indicted on charges of professional negligence causing injury, Im posted a photo of the judge’s face and launched a verbal attack.
Dr. A was indicted for administering 2ml of Mcperan injection to an octogenarian patient B in a clinic in Geoje, Gyeongnam, in January 2021, which caused side effects including general weakness, speech impairment, and worsening of Parkinson’s disease. Patient B had been diagnosed with Parkinson’s disease one year prior to visiting the clinic. It is known that B visited the clinic to receive a nutritional injection. Mcperan injection, a treatment for nausea and vomiting symptoms, is prohibited for Parkinson’s patients as it can worsen their symptoms.
The court found Dr. A guilty for administering the drug without properly confirming the patient’s history of Parkinson’s disease. The first trial court stated, "It can be sufficiently recognized that the injury resulted from Dr. A’s negligence in failing to properly check the patient’s medical history," and sentenced him guilty. The appellate court also rejected Dr. A’s appeal.
In response, Im wrote on his Facebook, "A doctor who treated a patient gets 10 months imprisonment with a two-year suspended sentence because the outcome was bad? Is the Changwon District Court judge 'OO' sane?" He then posted a photo of the judge’s face and added, "When this woman and her family visit hospitals or clinics, regardless of the disease, please treat them not according to medical conscience but strictly according to the Health Insurance Review and Assessment Service (HIRA) review regulations," sparking controversy.
Meanwhile, on the 9th, the KMA held a nationwide doctors’ representatives meeting at the KMA headquarters in Yongsan-gu, Seoul, and announced plans to hold a full strike and a mass rally on the 18th.
In the declaration of the struggle on the same day, Im stated, "We will all rise up resolutely to save Korean healthcare against the government’s irresponsible medical and educational manipulation," and added, "We will form a special committee for the medical sector’s struggle and mobilize all means and methods to carry out an all-out fight."
In response, the government decided to issue medical treatment orders and strike reporting orders to private practitioners, who are the main force of the KMA.
On the 10th, Cho Kyu-hong, Minister of Health and Welfare, said at the Central Disaster and Safety Countermeasure Headquarters (CDSCH) meeting on doctors’ collective action, "Based on the Medical Service Act, we will issue medical treatment orders and strike reporting orders to private practitioners," adding, "This is the minimum necessary measure to protect the lives and health of the public against the medical community’s collective strike."
He also said, "We will begin legal review on whether the KMA, which is inducing collective action, has violated the Fair Trade Act."
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