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[YTN 라디오 이동형의 뉴스 정면승부]
■ Broadcast date: February 22, 2022 (Monday)
■ Interview: Hae-young Kim, Legal Director of the Korean Medical Association
-Including cancellation of a doctor’s license, including negligence and violation of administrative regulations, too
-Restrictions to the licenses created in the days of the control of the town during the Yushin system, from that time
-A hopeless desperate situation desperate to be stigmatized in scarlet letters for blowing a license as a negligent criminal
◇ Mobile anchor (hereinafter, mobile type)> On the 19th, the Health and Welfare Committee of the National Assembly approved a bill to revoke the licenses of doctors who were sentenced to prison terms or more. Then the medical association announced a general strike. With the corona19 vaccination ahead this week, there are concerns about a vaccination break. The government said that if the medical association takes collective action, it will respond strongly. Let’s hear the position of the medical consultation on the amendment to the medical law. Hae-young Kim, the legal director of the Korean Medical Association, is online. Are you with the director?
◆ Kim Hae-young, Legal Director of the Korean Medical Association (hereinafter Kim Hae-young)> Yes. Hello?
◇ Lee Dong-hyung> First of all, the medical council strongly opposes the amendment to the medical law and the cancellation of the license of a doctor with a prison sentence or higher.
◆ Kim Hae-young> Yes. The bill is too comprehensive. For example, it is not an intentional offender such as a traffic accident, but also a negligent criminal, as well as a violation of farmland law and housing law, such as camouflage transfer. It means that if all offenders who violate these administrative rules are sentenced to prison, the license will be revoked. However, there is another provision in this regard. It means that a person who cancels once will be canceled even if there is a reason for the suspension. So once it’s suspended it turns into an eternal scarlet letter, and if you commit any minor infractions again, your license will be revoked.
◇ Mobile> Yes. However, on the one hand, in the case of a traffic accident, a farmland law or a camouflage transfer, which you just mentioned, it is not relevant because it is difficult to get more than a safe in the trial. Are you talking like that?
◆ Kim Hae-young> It is not. In the case of traffic accidents, there are quite a few fatal accidents, but if there is no overall agreement, you will have to be prepared for jail or probation of execution. Even if an agreement is reached, it is highly unusual for you to be imposed a death penalty.
◇ Mobile> Yes. There are cases like this, right? Okay.
◆ Kim Hae-young> This is not the case, and this is something that happens in everyday life, it is something that is not related to work, and the work is flying away, and once it flies, there is a problem because the eternal scarlet letters are engraved. This law itself was created during the Restoration Period. During the Age of Restoration, it seems that the law was created with medical law under the control of the entire population, and in the case of violations of laws and regulations related to medicine, the license was restricted and doctors were also They were forced to violate Emergency Measures, to give away the license.
◇ Mobile> Yes. The law changed again during the Kim Dae-jung administration, but this time it was changed again. Lawyers, accountants, and other occupations also have the same regulation, so if this happens, isn’t it just the doctors who get preferential treatment? Are there statements like this too?
◆ Kim Hae-young> What is a license? The qualification requires some type of training to cultivate professional vocational skills. Does it have a legislative purpose? If it is the law of the lawyer, it has the mission of defending the basic human rights of people and making social justice a reality in article 1 of the Law of Lawyers. It is like this. Under medical law, physicians have a mission to protect and promote people’s health. It is like this. In other words, it is the strictest in the national civil service law. The reason for the disqualification or something like that, the reason for the cancellation. And by imitating this, it was the law under the Yushin Constitution system that compelled all people, as civil servants, to set an example, and it was put into various laws. In each individual occupation law, it was later published as democratization.
◇ Lee Dong-hyung> So you said amplitude is the biggest problem. If it is specific, they are the five major crimes. So are you willing to accept it in the medical association?
◆ Kim Hae-young> In such case, if it is related to a job, of course, it can be accepted. It’s a moral issue, so it could be.
◇ Mobile> Yes. For example, from 2015 to 2019, more than 600 doctors committed sex crimes in the five years and more than 100 each year. Should we entrust our bodies and our health to people with a history of sexual crimes? Because this kind of story will come out.
◆ Kim Hae-young> In that area, it is difficult to regulate even with current laws. So in the old days, it was called acheongbeop. Employment restrictions were imposed. Employment in medical institutions was restricted and the opening of medical institutions was prohibited. In this case, it is the same as the suspension or cancellation of the medical license. I’ve been doing it for 10 years, but this was unconstitutional. It is too uniform. Do it without subject specificity. Then, the law was later revised and it was different according to the fine and the prison sentence according to the judgment of the Judicial Power. According to a schedule. So, it was modified according to the specific situation. This applies whether or not the license is canceled, so even if the license is not canceled, the license is not active. In fact, I can’t work as a doctor.
◇ Lee Dong-hyung> But anyway, public opinion seems to be a bit bad at the moment. There must be a justification for the fight, but isn’t the justification set out in the medical agreement a little weak? How do you see this point?
◆ Kim Hae-young> You said this is the justification, but now you are saying that this law itself is normal, but you go to the Yushin system. Under the Yushin system, in the National Education Charter, the people were born with the mission of revitalizing the nation, so when all the people violated the emergency measures, they were sanctioned and licenses were issued. So the justification is for a violent crime. However, practically all crimes have been defined. This is said to be thanks to the coronavirus quarantine situation, but even in the process, doctors behind the scenes may be due to what happened last time, or if they make a law on the license as in the past, very restorative regimen. extreme. and say that this is normalization. This becomes an unacceptable problem.
◇ Mobile> Yes. Good. I understand the position of the medical association. But now that the revised bill is about to go through the judicial committee, what would you do if it passes?
◆ Kim Hae-young> I am a lawyer. As I am a legal professional, not a doctor, I am neutral and do not know how to follow the policy or consult me. Now it is during the electoral period. It is the electoral period in which a presidential term is short and there are six candidates for president, and the final vote is held for the first time. It means that you have to get the support of the majority. What I mean is, doesn’t the situation keep pushing you to the brink? It would be impossible to give up the war situation now. Even in a situation where you can’t move if you drive it off a cliff. I thought I couldn’t move, but if I step on a small object, it’s like squirming, what kind of situation will have to happen next? I am worried about this.
◇ Lee Dong-hyung> This bill is pushing us to the limit. Do you think this way?
◆ Kim Hae-young> I feel like this when I listen to other people.
◇ Mobile> Ok. At this time, the president of the medical association said that he would hold a general strike. What is the real public opinion of other doctors? Are you in a position to accept?
◆ Kim Hae-young> I’m not sure I have declared that I will go on a general strike because I haven’t read the news accurately. Basically it sounds like you’re saying you have no choice but to strike. When you look at the runners, it seems that they generally agree. I will be the next president-elect. And if the leaders know this, they know that this was the law that was made at the time of the emergency. Also, in all laws, if you know that a criminal can also give you a license, and once you screw it up, you will get a scarlet letter and a mark. I will never get stuck again, in the future.
◇ Mobile> Ok. I will finish listening to today’s talk. Thank you.
◆ Kim Hae-young> Yes. Thank you.
◇ Lee Dong-hyeong> Until now, I was Hae-young Kim, legal director of the Korean Medical Association.
[저작권자(c) YTN & YTN plus 무단전재 및 재배포 금지]