Fair Trade Commission Conducts On-Site Investigation of Korean Medical Association... Allegations of Leading Collective Strike

Suspicion of Violation of Prohibited Acts by Business Associations

The Fair Trade Commission conducted an on-site investigation of the Korean Medical Association, which is suspected of having effectively led the collective strike of private practitioners.

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]

On the morning of the 19th, the Fair Trade Commission reviewed materials related to the suspicion at the Korean Medical Association office located in Yongsan-gu, Seoul. The association decided on the collective strike on the 9th and carried it out on the 18th.

The Fair Trade Commission believes that the Korean Medical Association committed a 'prohibited act by business associations' by leading the collective strike and mass rally, thereby unfairly restricting the medical activities of its member practitioners. According to Supreme Court precedents, business associations like the Korean Medical Association are prohibited from effectively forcing their members to suspend operations, as this constitutes a form of collusion in a broad sense.

If such prohibited acts are committed, the business association may be fined up to 1 billion KRW, and related individuals such as the president of the Korean Medical Association may face imprisonment of up to two years or fines up to 150 million KRW.

The key factor in determining legal violations is 'coercion.' Punishment under the Fair Trade Act is possible only if it is judged that the Korean Medical Association directly or indirectly forced its members to participate in the strike. If the association's 'de facto coercion' is not recognized, it may not constitute a legal violation.

The on-site investigation followed the Ministry of Health and Welfare's submission of a 'Report on Prohibited Acts by Business Associations' against the Korean Medical Association to the Fair Trade Commission on the 17th. The Fair Trade Commission is reported to have found circumstances suggesting that the association directly or indirectly coerced members to participate in the strike through messages, official documents, and SNS posts.