Administrative Staff Conduct Health Assessments Instead of Doctors... Court Rules "Cancellation of Designated Diagnostic Institution Justified"

A court ruling has upheld the cancellation of the designation of a special health examination institution after a clinic falsely documented that a health diagnosis was made by a doctor when it was actually determined by an administrative staff member who is not a physician.

Seoul Administrative Court.

According to the legal community on the 24th, the Administrative Court of Seoul, Administrative Division 2 (Chief Judge Ko Eun-seol) ruled against Mr. A, who operates Clinic B, a health screening center in Gangnam-gu, Seoul, in a lawsuit filed against the Seoul Gangnam Branch of the Seoul Regional Employment and Labor Office seeking to overturn the cancellation of the special health examination institution designation.

Clinic B was designated as a special health examination institution in May 2019 under the Industrial Safety and Health Act. However, a 2022 inspection by the Seoul Regional Employment and Labor Office revealed that an administrative staff member, not a doctor, made the health diagnosis decisions and falsely prepared documents as if the doctor had made them. Additionally, it was discovered that the clinic falsely recorded examination dates for workers at an apartment construction site to enable the construction company to receive government subsidies. Following this, the Seoul Regional Employment and Labor Office canceled the special health examination institution designation the following year, prompting Clinic B to file an administrative lawsuit in protest.

The court sided with the Gangnam Branch. The court stated, "It has been reasonably proven that Clinic B had an administrative staff member, not a doctor, perform the judgment work on special health examination results and falsely prepared documents as if Dr. D had done so," and added, "Dr. D clearly stated in the investigation conducted by the Seoul Regional Employment and Labor Office that he did not perform the judgment work."

The court further ruled, "The violations, including an administrative staff member who is not a doctor performing the judgment work, falsely preparing documents as if the doctor made the judgment, and falsely recording examination dates, all constitute grounds for cancellation of the designation."

Moreover, the court emphasized, "The special health examination system is a system conducted at the employer's expense to protect workers handling hazardous substances in harsh environments," and added, "False or inaccurate judgments by medical institutions can lead to fatal consequences, including worker deaths, making it critically important for public interest to prevent recurrence of similar incidents."