"Suspension of Subsidies for Hospitals Refusing Emergency Room Patients Is Justified"

Daegu Catholic University Hospital
Loses Second Appeal in Emergency Room Incident

A hospital that received an administrative penalty over the so-called "emergency room ping-pong" incident, in which a teenage patient died, has lost its appeal to have the penalty overturned. The court ruled that the government's decision to suspend subsidies due to the refusal or avoidance of emergency medical care was justified. The court stated that the hospital must bear appropriate responsibility for failing to fulfill its duties as an emergency medical institution.

Yonhap News Agency

According to the legal community on May 16, the Seoul High Court's Administrative Division 7 (Presiding Judge Koo Hoegeun) ruled against Sunmok Academy, the school foundation that established and operates Daegu Catholic University Hospital, in its appeal seeking to overturn the corrective order and other measures imposed by the Minister of Health and Welfare. As in the first trial, the court ruled in favor of the defendant on May 15. The Seoul High Court found that the Ministry of Health and Welfare's actions were lawful.

In March 2023, an incident occurred in Daegu where a 17-year-old student was believed to have fallen from a four-story building. Emergency responders contacted four hospitals, including Daegu Catholic University Hospital, but all refused to admit the patient, citing reasons such as the absence of medical staff. The patient, who was in cardiac arrest, ultimately died. It was reported that Daegu Catholic University Hospital initially refused admission, stating that "the neurosurgery medical staff were away at a conference."

In response, the Ministry of Health and Welfare issued corrective orders and suspended subsidies for six months to four hospitals?Daegu Fatima Hospital, Kyungpook National University Hospital, Keimyung University Dongsan Hospital, and Daegu Catholic University Hospital?citing "refusal to admit patients without justifiable reason."

Sunmok Academy filed a lawsuit seeking to overturn the corrective order and subsidy suspension, but in September last year, the first trial court ruled that Daegu Catholic University Hospital had indeed refused or avoided emergency medical care and sided with the Ministry of Health and Welfare. The first trial court stated, "Instead of directly examining the person suspected of being an emergency patient and taking appropriate measures, the hospital determined the necessary medical department without even conducting basic primary care and then refused admission."