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| ▲ On the afternoon of the 23rd, in front of the temporary hall of the Medical Association in Yongsan-gu, Seoul. The medical association issued a statement on the 20th, the day after the National Assembly Health and Welfare Committee passed the medical law amendment to revoke the license of a doctor who was sentenced to a prison sentence or higher, and said it would strike a general strike if the amendment passes the judiciary committee. | |
| Ⓒ Yonhap News |
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On the 26th, a bill to amend the medical law to revoke the licenses of doctors sentenced to imprisonment or higher such as murder and sex crimes was not submitted to the National Assembly plenary session. The proposal was prepared after an agreement between the opposition parties, the National Assembly Health and Welfare Committee, a standing committee under the jurisdiction, but this is because it did not exceed the National Assembly Legislative Judicial Committee, which is the’last gateway’ on this day.
People’s Power The opposition of lawmakers was strong. It was argued that this amendment must be handed over to the second subcommittee for legal review because it violates the principle of minimum infringement under the Constitution and requires close examination. The second subcommittee, which re-examines the bills of other standing committees, is the place where the controversy over the’rooftop’ (屋上屋) was called due to the persistent long-term pending of bills in the previous National Assembly.
“Doctor who ran for election, revoked license for violating public office election law?”
Rep. Jang Je-won (Sasang-gu, Busan) said, “It is necessary to revoke the license of a doctor who committed murder or sexual crime, but it violates the principle of minimum infringement under the constitution to revoke the license due to a sentence for a crime not related to the job.” “For example, a doctor was running for election and was sentenced to imprisonment or higher for violating the Public Officials Election Act, and will he also revoke his license?”
In addition, regarding the claim that’the revised bill aligns equity with other professions such as lawyers whose qualifications are disqualified when sentenced to more than the financial penalty sentence’, he refuted that, according to the 2019 Constitutional Court decision, “the intention cannot be compared with a lawyer.” It was the same as the argument made by the Korean Medical Association.
For reference, the Constitutional Court said in a constitutional petition against the Lawyers Act of’Disqualification for Condemned Penalty Penalties’ at the time, “Medical doctors whose mission is to defend basic human rights and to realize social justice, improve public health, and secure healthy life. It was dismissed, saying, “It cannot be regarded as the same illegal act that has nothing to do with it.”
Rep. Yoo Sang-beom of the same party (Hongcheon-gun, Gangwon-gun, Hoengseong-gun, Yeongwol-gun, Pyeongchang-gun) also argued that’the lawyer and doctor are different.’ He said, “A lawyer, a lawyer, a labor agent is a license, and a doctor is a license. A license is generally prohibited (unlike a license), but it is given in special cases,” he said. “The Constitutional Court also recognized the difference between a license and a license (when decided in 2019). And judged it.”
Rep. Yoon Han-hong of the same party (Changwon Island, Gyeongnam Province) argued that “a punitive bill was created for medical personnel. Therefore, we should discuss more in the second subcommittee.” In addition, he said that it was the Kim Dae-jung administration that revised the past medical law, which used the sentence of imprisonment or higher as the reason for revoking the license without distinction of crime, in the form of the current form in 2000. “It is going to return to the old law again. He raised his voice.
“I point out why it is now, but the people ask why it is now?”
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| ▲ At the general meeting of the National Assembly Legislative Judicial Committee on the morning of the 26th, Chairman Ho-joong Yun is advocating a bill. | |
| Ⓒ Joint coverage photo |
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In addition, the Democratic Party confronted this. In particular, it was a position that it sufficiently took into account the concerns that were previously concerned during the legal review process of the Health and Welfare Commission.
In this regard, Rep. Park Joo-min (Seoul Eunpyeong-gap) stressed, “What doctors fear most is that the doctor’s license will be revoked due to negligence or fatality in the course of treatment, but this part was excluded from this amendment.” In addition, “In 2015, a doctor who received a sentence of August and two years of execution probation for illegal shooting crime was suspended for one month, and a doctor who was sentenced to two years and six months in prison for a similar rape act was suspended for one month. Many people who have committed the disease have returned to the treatment practice,” he argued for the need for an amendment.
Rep. Kim Yong-min of the same party (Namyangju-si, Gyeonggi-do) said, “I know that there are no more than 100 medical professionals who have received more than a gold sentence in a year,” pointing out that the amendment is not a law to regulate the entire physician. “Doctors are a profession that deals with the human body. They also require high-level professional skills, but they must have morality and law-abiding spirit more than anyone else. That way, they can show their value in important moments.”
Rep. Kim Nam-guk (Danwon-gu, Ansan-si, Gyeonggi-do) said, “Why is the medical law revised at the time of quarantine, but there are criticisms about why it should be done now,” and “Which people would like to receive medical treatment or surgery from a doctor who committed sex crimes?” Asked.
In particular, “It means that we don’t know when this amendment will be handed over to the second subcommittee,” he said. “(An amendment with the same purpose) was proposed in 2007, and in 2018, representatives Geum-ju Son and In-soon Nam were proposed, but they could not be properly discussed and passed. “It’s important to reflect on the fact that it’s been up like this in 20 years, and to take care of it here.”
However, the disagreement between the two parties was not narrowed. In the end, Judicial Commissioner Yoon Ho-jung decided to hold the medical law amendment at the plenary meeting rather than the Legislative Review 2 subcommittee through consultations with the secretaries of both parties, prepare amendments, and process them at the next meeting.
[관련 기사]
Doctor of’crime above the financial penalty’, license canceled “Agree” 69% “Very agree” 50% http://omn.kr/1s6vn
Also, the’Patient 3 Method’, which has not crossed the threshold of the standing committee… Is the doctor’s license steel? http://omn.kr/1qsm1
Democratic Party Welfare Committee members’regret’… “The act of managing doctors and ignoring people’s planting”
Meanwhile, Democratic Party members of the National Assembly Health and Welfare Committee held a press conference this afternoon and expressed regret.
They said, “With what authority do the members of the People’s Power and Judiciary put the brakes on the bill passed by consensus by the opposition members of the Health and Welfare Committee?” said, “The power of the people who frustrated the bill that supported nearly 70% of the people. Will be responsible,” he criticized.
In addition, “the people will watch closely for this act of managing the planting of doctors and ignoring the planting of the people,” he said. “The Judiciary Committee convened a meeting as soon as the majority of the people wanted, and the law was agreed and dealt with by the parties I strongly urge you to take care of it as soon as possible.”