Government Mentions "Disbanding KMA"... Even if Disbanded, a 'Successor KMA' Must Be Established Under Medical Law

The Korean Medical Association is a Statutory Organization Required by Medical Law
"Even if the Government Dissolves It, It Would Only Have the Effect of Replacing the Current Leadership"

As the government mentioned the dissolution of the Korea Medical Association (KMA), if the dissolution is actually pursued, whether the collective actions led by the KMA violate its establishment purpose is expected to become a legal issue. This is because the justification for a series of actions opposing the increase in medical school admissions is "for the public health." However, experts believe that even if the dissolution leads to legal disputes and the court sides with the government, it will have no practical effect. Since the KMA is a statutory organization, it must be re-established even if dissolved, and the government cannot influence this process.

On the 18th, Jeon Byeong-wang, Director of Health and Medical Policy at the Ministry of Health and Welfare, said at the "Doctors' Collective Action Central Disaster and Safety Countermeasures Headquarters" briefing, "Collective refusal to provide medical care is an act that violates the purpose and intent of the KMA's establishment," adding, "The government can restrict certain freedoms as prescribed by the Constitution and laws when necessary to protect the life rights of the people, public welfare, and maintain social order." He further stated that if actions violating the purpose and intent of the establishment occur, "corrective orders can be issued, and in extreme cases, changes in executives or even dissolution of the corporation are possible."

The KMA is a statutory organization established under Article 28, Paragraph 1 of the Medical Service Act, which states, "Doctors shall establish medical associations with nationwide organizations as prescribed by Presidential Decree." Legally, it is the only organization representing the medical community. The KMA's establishment purpose is known as "to elevate the dignity of doctors, contribute to the promotion of public health and welfare, advance and disseminate medical science and practice, protect doctors' rights and members' interests, and foster friendship among members."

Legal experts explained that while the government can issue dissolution orders, it is unlikely to avoid legal disputes, making it unrealistic. Lee Dong-chan, a lawyer at The Friends Law Office, said, "Since the KMA is also a corporation, if the Ministry of Health and Welfare determines there are grounds for dissolution, it can issue a dissolution order," but added, "In reality, it will not be easy. The KMA has the right to contest in court. If they file a cancellation lawsuit, the legal effect is maintained during the litigation." He added, "If administrative appeals are required before the administrative lawsuit, it means two rounds of litigation, so the current situation can be maintained for a considerable period," and "It is likely to take more than a year to reach a conclusion."

Shin Hyun-ho, a lawyer at Haul Law Firm, also said, "The dissolution of the KMA is unrealistic. The cancellation of approval for executives such as the KMA president is somewhat realistic, but this too is subject to administrative litigation." He added, "There was a case where the Ministry of Health and Welfare disciplined the head of a small incorporated association who was personally unable to perform any activities due to health reasons," but "as far as I know, the government has never disciplined a large-scale specific occupational group organization."

On the afternoon of the 18th, participants are holding a large banner at the National Doctors' General Rally held on Yeouidaero, Yeongdeungpo-gu, Seoul. [Image source=Yonhap News]

If the case goes to court, whether the KMA's actions violate its establishment purpose is expected to be the key issue. Lawyer Lee said, "The court will judge the claim that the KMA's actions to block the increase in medical school admissions were for the public health. This will be the main point of contention." Lawyer Shin also said, "A key issue could be the disagreement over the claim that the past actions did not violate the KMA's establishment purpose," adding, "The court will evaluate the claim that the struggle is to supply high-quality medical services."

However, there are also claims that even if the violation of the KMA's establishment purpose is recognized, it will have no practical effect. Lawyer Lee said, "Since the KMA is a statutory organization established by law, even if it is dissolved, another doctors' organization representing the medical community must be created," adding, "Ultimately, it would only have the effect of replacing the current KMA leadership." He further explained, "The government cannot appoint the new KMA leadership, and unless there is a serious problem in the articles of association, such as 'only men can be president,' the government cannot intervene in amending the articles of association."