Gov't warns striking doctors it will take action from Friday

Social Affairs

Published: 29 Feb. 2024, 19:06

Gov't warns striking doctors it will take action from Friday

Medical professionals walk in the corridor of a hospital located in downtown Seoul on Thursday. [YONHAP]

The government said it will begin to take legal and administrative actions against striking trainee doctors starting Friday, a day after the grace period for their voluntary return expires, the Health Ministry said Thursday.

The Health Ministry indicated there could be leeway for those returning between March 1 and 3 but maintained its uncompromising position to penalize walked-off doctors based on a zero-tolerance approach.

“There might be doctors returning to the hospital during the March 1 Independence Movement holiday weekend, and the ministry will further contemplate measures for those late returners,” the ministry official said.

Trainee doctors nationwide have staged mass walkouts since Feb. 20 to protest against the government's decision to expand medical school's enrollment quota.

As Thursday marks the deadline for the grace period, general hospitals saw an increase in inquiry calls from trainee doctors asking for administrative procedures for return.

“Concerning the non-returning doctors, the Health Ministry will take measures related to medical licenses, while the Justice Ministry will charge criminal penalties,” Health Minister Cho Kyoo-hong said.

“Although the number of doctors who left the hospital is decreasing, there has been no full-scale return.”

On Thursday, the government said 294 trainee doctors who participated in the walkouts had returned to their duties by 11 a.m. on Wednesday.

"Trainee doctors may experience an internal conflict, where their commitment to patient care clashes with the distress caused by the increase in enrollment quotas," Cho said. "Their relationships with fellow doctors may also influence their decisions to return."

Cho noted that the government’s strict actions based on the rule of law might have impinged on the doctors’ mass actions and caused them to hesitate about returning.

After reviewing young doctors’ work status and gathering evidence of their non-conforming behavior against the government’s back-to-work order, the Health Ministry will notify them about the penalties.

When the government’s administrative action restricts one’s rights or imposes duties, it must notify the person about the legal grounds and causes for such measures before the actions take effect.

The notice to the doctors will likely include violations of the Medical Service Act, which mandates that medical professionals abide by ministerial or governmental back-to-work orders.

“License suspensions won’t be effective from March 4 sharp,” said Kim Chung-hwan, the Health Ministry's official managing legal affairs. “After delivering notices, the doctors will have opportunities to make statements [before their suspensions become effective].”

“Legal actions will be instated according to the rule of law and strict principles,” the official added.

With the deadline becoming imminent, the ministry had made 9,267 training doctors at 100 major hospitals nationwide as of Tuesday subject to the back-to-work order.

The Health Ministry has received confirmations that some 7,854 doctors from medical centers and hospitals were not attending to their occupational duties as of Wednesday.

“Although the government cannot punish some 5,000 junior doctors all at once, it will utilize all viable administrative resources and manpower to take actions in principle,” Second Vice Health Minister Park Min-soo said.

Medical staffs run in an emergency room at a hospital in Daegu on Thursday. With the mass walkout of junior doctors, general hospitals nationwide have been suffering from understaffing. [YONHAP]

On Wednesday, the head of Seoul National University Hospital emailed its trainee doctors, urging them to return.

It marks the first time the head of a major hospital had “officially” pleaded for doctors to return after the collective action.

“Your sincerity is well-delivered,” Kim Young-tae, the hospital’s head and president, wrote in the email. “A handful of patients suffering from high-risk diseases and incurable illnesses await you. Now, please come back.”

Kim also promised to improve the training environment and infrastructure for essential medical fields.

On Thursday, a general director of Severance Hospital — managed by Yonsei University — also sent an official email to its junior doctors, saying, “Now is a time to return.”

The director wrote that young doctors’ hardships are well-acknowledged and promised to advance the training and educational environment in its hospitals.

A total of 15 former presidents of the Korean Intern Resident Association issued a joint statement on Thursday, saying the mass resignations stem from “excessive workload and labor environment with low salaries.”

“The government said the trainee doctors cannot have the freedom to choose their occupation and workers’ rights because they serve in essential medical fields,” the statement reads. “Despite saving people’s lives being noble, the government cannot coerce them [to return] against their will.”

It also said that trainee doctors should receive fair and reasonable compensation for their services, and systematic policies protecting their labor rights should be set up.

The Korea Alliance of Patients Organization holds a press conference in front of the National Human Rights Commission, calling junior doctors to stop their collective actions. [KOREA ALLIANCE OF PATIENTS ORGANIZATION]

On the other hand, patients are desperately awaiting doctors’ return to their posts.

Patient organizations said the delay in medical services is no different from “imposing death penalties” on patients, demanding measures that can prevent recurrences of such mass actions.

“Junior doctors should stop the collective action immediately and no longer put critically ill patients into fear and anxiety,” said the Korea Alliance of Patients Organization in a press conference in front of the National Human Rights Commission on Thursday.

“Timely treatment significantly matters to critically ill patients to keep them alive,” the organization said. “The patients are already exhausted, fighting against the fear of death. In such a situation, postponing medical procedures is no different than a death sentence.”

“Trainee doctors should not attach any conditions to their duty. With such [inflexible] behavior, they cannot win the public’s understanding and support.”

On Thursday, Cho expressed doubt about the legitimacy of the Korean Medical Association, the sole negotiator in discussions with the government.

“To improve essential medical fields, perspectives of young doctors and general hospitals should come first. However, the association more heavily reflects the voices of doctors running private medical clinics,” he said.

“Through 28 meetings about health care and the medical agenda, the ministry and association had built mutual trust. The association also understood the need for an essential medical policy package [which involves having more doctors and improving rural health care services]. However, it suddenly changed its stance and now demands a nullification of the package while instigating collective actions of young doctors.”

Cho said that the government is making efforts to provide improved compensation for doctors working in essential medical departments.

“The government has invested 1 trillion won ($748 million) in pediatrics, obstetrics, high-risk surgeries and emergency medicine since January [to tackle the medical services pricing problem],” the minister said.

“By March, the authority will increase financial compensation for cardiologists. Also, it will continue to hike the medical expenses [borne by patients and the National Health Insurance Service] of high-risk cerebral aneurysm surgeries every quarter.”

Interior Minister Lee Sang-min speaks at a meeting held at the Central Disaster and Safety Countermeasure Headquarters on Thursday. [NEWS1]

The government has introduced an appeasement measure aimed at addressing concerns raised by medical colleges regarding the quota hike, mainly due to a faculty shortage. This measure seeks to ensure that colleges maintain their educational standards.

“Medical colleges at flagship national universities will have an additional 1,000 faculty members by 2027,” said Interior Minister Lee Sang-min during a Central Disaster and Safety Countermeasure Headquarters meeting on Thursday morning.

“The authorities will supply more faculty members if the colleges need extra teaching personnel in classrooms and training courses,” Lee said.

BY LEE SOO-JUNG, HYEON YE-SEUL [lee.soojung1@joongang.co.kr]