In response to the threat of a strike by the Korean Medical Association, “the price is cancellation of license”… Doctor-turned-lawyer warning, why?

While it is known that the government is planning to soon announce a plan to expand the number of medical school students, the Korean Medical Association (hereinafter referred to as the Korean Medical Association) has warned the government that if the government does not comply with the ‘September 4 Agreement’, it will fight ‘all-out’ using all means and methods. declared. While this is being interpreted as an allusion to a strike (refusal of medical treatment), attention is drawn to the lawyer’s warning that if a doctor leads a strike and causes disadvantage to patients, his or her license may be revoked.

The Korean Medical Association held an emergency meeting of medical community representatives on the afternoon of the previous day (17th) and adopted a ‘resolution’. The gist of the resolution is, “The government must keep its ‘2020 promise’ (September 4 agreement) that it will not unilaterally enforce the medical school quota policy .”

The 9/4 legislative agreement refers to an agreement between the Ministry of Health and Welfare during the Moon Jae-in administration on September 4, 2020, and the Korean Medical Association. △ The issue of medical school quota will be discussed at the ‘Assembly Council’ after COVID-19 stabilizes. △ The government also has a medical school quota policy. It is a promise that contains the content that it will not be pursued unilaterally. The Korean Medical Association said, “If the government deceives the trust and efforts of the medical community and arbitrarily decides on a medical school quota policy without sufficient discussion and agreement with the medical community, this will clearly destroy the agreement on September 4th and undermine the medical community’s trust in the government.” “It will be trampled upon mercilessly,” he warned.

However, in the meantime, the president changed and the regime also changed. This raises the possibility that the government will break the agreement reached at the time. To what extent will the current Yoon Seok-yeol government be responsible for implementing the September 4th legislative agreement?

Professor Lee Young-seong of the Department of Medical Information Management at Chungbuk National University College of Medicine argued, “Promises with the government do not disappear just because the regime changes.” Professor Lee explained, “The principle is that public officials work without political opinions,” and “On that basis, we guarantee the status of public officials.” At the same time, Professor Lee added, “As the regime changes, the members of the government may change, but I don’t think the promise will be completely reversed.”

On the other hand, lawyer Park Ho-gyun (CEO of Hippocrates Law Firm),먹튀검증 who was a former doctor and defended the late Shin Hae-cheol, said, “It is difficult to say that the September 4th Protocol Agreement has legal effect that must be observed.” He cited the ‘9/19 military agreement’ as an example. The September 19 Military Agreement is a subsidiary agreement of the ‘September Pyongyang Joint Declaration’ adopted by then-President Moon Jae-in and North Korean State Affairs Commission Chairman Kim Jong-un at the Pyongyang Summit on September 19, 2018, and is a practical agreement to turn the Korean Peninsula into a permanent peace zone . It contains a promise to actively take action. However, as President Yoon Seok-yeol ordered a review of the suspension of the September 19 military agreement in the wake of the infiltration of North Korean drones into Seoul airspace early this year, even the theory of scrapping it is being discussed.

Attorney Park expressed regret, saying, “At a time when the invalidation of the September 19 military agreement is also being discussed, it is the use of special interest groups to push for the agreement reached with the previous government and claim that they will fight with all their might if they do not accept it.” He also emphasized that the government does not have to finalize national policies through dialogue with specific interest groups. Attorney Park added, “All power comes from the people, not from the Korean Medical Association. Policies must be decided by the people, and the National Assembly and the government proceed on behalf of the people.”

If the current government refuses to honor the September 4 agreement, the Korean Medical Association has hinted that it will go ahead with a general strike. On the 17th, Lee Pil-soo, president of the Korean Medical Association, declared, “140,000 doctors and 20,000 medical students will enter into a powerful struggle using all means according to the set roadmap, and strongly warned that an even bigger unfortunate situation than the 2020 strike may occur.” “I do,” he said. From August to September 2020, the Korean Medical Association went on a general strike, including refusing treatment.

In response to this, Attorney Park sharply criticized him, saying, “Refusal of medical treatment is a traitorous card that holds people’s lives hostage.” He said, “The enemy has invaded the battlefield, and our military’s behavior is no different from saying, ‘If we don’t raise wages, we will abandon the people and go have fun even if they die.'” He added, “Because this method has been working, they may have engaged in illegal actions (general strikes), but “Things are different now,” he said.

This is due to the revised medical law that went into effect immediately after its promulgation on May 19 of this year. According to the amendment to the Medical Service Act, called the ‘Medical Person License Cancellation Act’, if a doctor causes fatal harm to a patient due to an illegal strike, disrupts work, or violates the Assembly and Demonstration Act (Assemblage Act), and is sentenced to imprisonment or greater punishment, the doctor’s license will be revoked. You can.

Attorney Park said, “Until the struggle for the nursing law earlier this year, illegal actions such as a general strike could be committed because there was no legal basis for revoking a doctor’s license.” “You may be deprived,” he warned.

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