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“Please provide data to determine daily working conditions” to a teaching hospital… “The order remains in effect even after return.”

Failure to comply with the reinstatement order can range from suspension of qualifications to license revocation… Emphasis on “mechanical law enforcement”

‘Increasing the number of medical schools’ Growing conflict between government and medical community

‘Increasing the number of medical schools’ Growing conflict between government and medical community

(Seoul = Larose.VIP) Reporter Kim Byeong-gyu = It was confirmed that the government, which had ordered a large number of residents who left hospitals after submitting resignation letters to resume work (return to work), ordered each training hospital to report the residents’ work status every day.

This is to prevent the practice of returning to work after an order to start work and then not working again, and the government reiterated its position that it will take legal action if the order to start work is violated.

According to the Ministry of Health and Welfare and the medical community on the 18th, the Ministry of Health and Welfare recently issued an official order requesting major teaching hospitals to submit data once a day to determine whether residents are resigning, taking annual leave, or leaving work.

The official document said, “We hope that the training hospital will make every effort to manage and supervise the resident’s service to avoid any disruption in patient care,” and added, “In order to supervise the training situation, the hospital will prepare related materials from February 16th until further notice. “Please submit it to the Emergency Response Team of the Central Accident Control Headquarters and the Secretariat of the Receiving Environment Assessment Committee,” he wrote.

In addition, he said, “If actions such as submitting collective resignations of residents and refusing new contracts occur as part of a collective action at a teaching hospital, there is a risk of serious harm to the lives and health of the public.”

An official from the Ministry of Health and Welfare explained, “This is to prevent residents from taking collective action by leaving their workplace after returning after receiving an order to begin work,” adding, “The subjects of the order to submit data are most teaching hospitals, except for a few.”

Article 61 of the Medical Service Act allows the Minister of Health and Welfare to order medical institution founders or medical personnel to report necessary matters, and to request medical practitioners and heads of medical institutions to submit necessary data or state their opinions in order to confirm violations of the law.

In addition, Article 15 of the regulations on the training and qualification recognition of medical specialists allows the Minister of Health and Welfare to give necessary instructions for training of medical residents to the head of a training hospital or training institution or to supervise the training situation, such as completion of annual training courses.

The Ministry of Health and Welfare found that 715 residents at 23 teaching hospitals had submitted resignation letters as of 6 p.m. on the 16th, and issued a start-up order for 103 residents who were found not to be actually working.

Article 59 of the Medical Service Act stipulates that if the Minister of Health and Welfare and the provincial or provincial governors have reasonable grounds to believe that a medical professional suspends treatment without justifiable cause or that a medical institution founder temporarily closes or closes business en masse, causing or is likely to cause a significant disruption to patient care, ‘commencement of business’ is permitted. It allows you to command.

Of the 103 people who received orders to start work, 100 returned, but 3 had not confirmed their return.

Vice Minister Park Min-soo briefing

Vice Minister Park Min-soo briefing

The Ministry of Health and Welfare believed that these three people had no intention of returning and received a ‘confirmation of non-compliance with the order to resume work’ from the training department of the hospital to which they belonged. As stipulated by law, these people may be subject to suspension of qualifications for up to one year, imprisonment for up to three years, or a fine of up to 30 million won. If you are sentenced to imprisonment or higher in the first trial due to a complaint for not complying with an order, your license may be revoked.

An official from the Ministry of Health and Welfare said, “In a similar case in 2020, the order to return to work was only notified to the head of the training department, but this time, the order was delivered in three ways, including text, mail, and notification to the head of the training department.” He added, “As a result of internal and external legal reviews, the effect of delivery was sufficient. “I believe there is,” he explained.

In 2020, the government set a deadline for individual orders and allowed them to return, but this time they allowed them to return immediately. In the case of workers in intensive care units, it is not known what kind of situation may occur even if they leave their work hours even for a short period of time, and it is judged that giving them time to return is not appropriate for the characteristics of hospital work.

The Ministry of Health and Welfare believes that the order is largely effective as most of those subject to the return to work order have returned to work. However, in order to prevent ‘false returns’ by leaving the workplace again after returning, this time, hospitals are being asked to submit data, and the working status of medical residents is being carefully reviewed. I decided to take a look.

According to the Ministry of Health and Welfare, the effect of a return to work order once issued remains even after the subject returns to work. Therefore, if an employee leaves the workplace again after returning to work, the existing order is judged to have been violated even without an additional return to work order.

The government is emphasizing strict punishment for those who fail to comply with work start orders.

Park Min-soo, the second vice minister of the Ministry of Health and Welfare, said in a briefing on the 16th, “If the 10 people did not follow the order to start work after resigning, punishment will be imposed on all 10 people. The law will be enforced very mechanically.”

An official from the Ministry of Health and Welfare once again emphasized, “We will not take immediate action just because the return-to-work order has not been confirmed, but mechanical enforcement of the law will be carried out without exception for those who fail to comply.”

Doctors take to the streets

Doctors take to the streets

bkkim@yna.co.kr

Report to KakaoTalk okjebo 2024/02/18 15:57 Sent

Medical Association: “Government is witch-hunting by demonizing doctors… We will face a medical catastrophe.”
Ministry of Health and Welfare, “715 medical residents submitted resignation letters… Thorough operation of emergency medical treatment system” (comprehensive)

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