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Resident doctors across the country are taking collective action, including submitting resignation letters or being absent without leave, in protest against the government’s plan to increase the number of medical school admissions. In order for such conduct to be legally punishable, it must constitute a refusal to provide medical care under the Medical Service Act.

Doctors argue that their resignations are based on personal reasons and do not amount to a refusal to provide medical care. However, some in the legal community believe that, considering the shared purpose of opposing the increase in medical school admissions, the conduct could be recognized as a refusal to provide medical care.

(Omitted)

Attorney Chon Hyeong Hwan of YK Law Firm said, “Considering the shared purpose of opposing the increase in the number of doctors, as well as the nationwide collective action, there is a strong possibility that a ‘coordinated shutdown’ or ‘mass resignation’ could be interpreted as a refusal to provide medical care.”

(Rest omitted)

Source: Chosun Biz, Reporter Hong In-seok, “Can Resident Doctors Avoid Punishment for Mass Resignations? Legal Experts Say Punishment Is Possible if Recognized as Refusal to Provide Medical Care,” February 21, 2024.
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