Antitrust watchdog probes doctors' group over coerced strike accusations

Social Affairs

Published: 19 Jun. 2024, 17:04

Antitrust watchdog probes doctors' group over coerced strike accusations

Inspectors from the Fair Trade Commission enter the headquarters of the Korean Medical Association in Yongsan, central Seoul, on Wednesday. [NEWS1]

The Fair Trade Commission (FTC) on Wednesday launched an investigation into the Korean Medical Association (KMA) over accusations that it strong-armed doctors to close their clinics and participate in a walkout the previous day.

After receiving a report from the Health Ministry on Monday, the antitrust watchdog launched a probe into allegations that the KMA — the nation's largest doctors' group — inappropriately meddled in the rights of private practitioners to do business by coercing them to join Tuesday's single-day strike.

The FTC’s investigators were dispatched to the KMA’s headquarters in Yongsan, central Seoul, to collect documents and materials related to the rally.

On Tuesday, more than 12,000 doctors joined a rally in Seoul organized by the KMA. The Health Ministry reported that 5,379 clinics run by community doctors shut their doors that day and referred the case to the FTC.

The KMA can be penalized for violating the Monopoly Regulation and Fair Trade Act if the FTC determines that the association influenced doctors to strike, either directly or indirectly.

The act prohibits such representative bodies from restricting the business activities of their members.

The antitrust regulator cited the same provision in 2000 and 2014 when it tried to stop doctors from striking.

In a 2000 standoff related to doctors' prescription rights, the KMA led five strikes, prompting the FTC to rule that such actions violated the fair trade law.

Despite an appeal by the KMA, the Supreme Court upheld the FTC’s correction order after it found that the KMA ordered reluctant members to put their refusal to strike in writing.

In 2014, the FTC issued a correction order and fined the KMA when the organization held a vote to close clinics to protest the introduction of telemedicine services.

After an appeal from the KMA, the Supreme Court sided with the doctors and explained that the clinic closures were an “autonomous decision by each doctor,” not a coerced action.

An official from the FTC said the authorities would “sternly respond to violations of the law,” though it refused to comment further on the ongoing investigation.

Doctors protest against the government’s medical reform policies on the roads in western Seoul on Tuesday. [YONHAP]

On Wednesday, a day after thousands of doctors took to the streets to protest the country’s health care reform, a rift appeared to emerge in the medical community.

The KMA said it would launch a committee on Thursday that encompasses doctors of all levels, including medical professors, private practitioners and junior doctors.

However, Park Dan, head of the Korean Intern Resident Association (KIRA), said on Wednesday that he would not participate in the committee, rejecting the KMA’s invitation.

KIRA represents the interests of junior doctors.

In a Facebook post, Park also asked Lim Hyun-taek, the president of the KMA, to behave more “discreetly.” He also accused Lim of “unilaterally declaring an indefinite strike without consulting with fellow doctors.”

At the rally, Lim announced that doctors would go on an indefinite strike starting June 27.

Lee Dong-wook, chief of the Gyeonggi-do Medical Association, which represents independent doctors in Gyeonggi, issued a statement in which he complained that neither Lim nor the KMA's leadership informed him of the upcoming strike.

“Sixteen doctors leading regional doctors’ groups, including myself, had never heard of the indefinite strike before Lim spoke at the protest site,” Lee said. He also apologized for leaving Gyeonggi-based doctors perplexed due to Lim's “sudden” announcement.

He also said Lim’s “undemocratic” decision-making worried doctors. He also implored Lim to remember that fellow doctors are "colleagues to communicate with," not “pawns on a chessboard."

BY LEE SOO-JUNG [lee.soojung1@joongang.co.kr]