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Why is it so hard to revoke medical licenses of misbehaving doctors?

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By Lee Hyo-jin

In September 2019, a gynecology trainee doctor at a general hospital in Seoul was accused of sexually assaulting an anesthetized patient. He groped the patient before and during surgery and verbally harassed several nurses. The hospital initially suspended him from duty for three months, but following public criticism, his training was canceled. However, his medical license remained untouched.

In 2018, a doctor at a private hospital was sentenced to one year in prison, suspended for two years, for raping and illegally filming a 20-year-old assistant nurse. But he was able to return to his job as his license was not revoked.

Recent data shows that in Korea it is almost impossible to revoke doctors' licenses for their alleged crimes and criminal convictions.

Between 2010 and 2018, none of the 848 doctors who were arrested on sex crime charges or the 37 apprehended on suspicion of murder had their licenses canceled, according to the National Police Agency.

Meanwhile, reissuing revoked licenses seems to be relatively easy. Disqualified physicians may reapply for their revoked license after three years. The decisions are made by a panel at the Ministry of Health and Welfare consisting of seven members, four of which are from the medical community.

The ministry has reissued 97 percent, or 100 licenses among 103 applicants from 2011 to May this year.

Civic activists suggest that loopholes in the current Medical Law, revised in 2000, allow doctors with convictions to keep working. The law does not see rape or murder to be reasons for disqualification, whereas mental illness, drug addiction, lending license or fraudulent diagnosis are considered valid reasons.

"We have been urging for stricter punishment of doctors who commit crimes threatening the safety of patients. They should be subject to the same level of punishment such as lawyers or tax accountants, who get disqualified if they are involved in serious crimes," said an official at the Korea Alliance of Patients Organization (KAPO).

A public petition posted on the Cheong Wa Dae website in March demanding revision to the Medical Law had gathered more than 360,000 signatures. The presidential office gave an official response on Oct. 23, recognizing the need for revision.

"As people expect a high level of professional ethics and morality from doctors who deal with public health and safety, it is necessary to enhance qualification systems to strengthen control on their licenses," said Ryu Geun-hyuk, a presidential secretary for social policy.

Health Minister Park Neung-hoo vowed to implement stricter rules in reissuing licenses. "We will enhance objectivity and fairness of the panel and its decisions," he said, adding that activists from civic groups such as KAPO should be included in the panel.

The National Assembly is also making moves to revise the 20-year-old medical law.

Earlier this month, Rep. Kang Byung-won of the ruling Democratic Party of Korea called for a return of the medical law of to its former version before it was revised in 2000, which allows disqualification of a physician who is sentenced to imprisonment or heavier punishment.


Lee Hyo-jin lhj@koreatimes.co.kr


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