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Medical school professors file lawsuit against government to cancel staff increase... What is the issue? [‘Medical crisis’ emergency]

Media Segye Ilbo
Date

2024-03-07

Views 153

의대 교수들, 정부 상대로 증원 취소소송 제기… 쟁점은? [‘의료대란’ 비상]

Still in the announcement/planning stage
Faculty Association: It is difficult to recognize ‘manuscript qualifications’

Police summon Suho Chairman Joo Su-ho as suspect
Chairman Joo: “I do not acknowledge the charges.”



The police have begun a full-scale investigation into complaints and accusations related to the Korean Medical Association. The police will begin summonsing former and current executives of the Korean Medical Association, while also verifying the truth of the suspicion that pharmaceutical company employees were forcibly mobilized to the Korean Medical Association rally. While medical school professors have also filed a cancellation lawsuit opposing the government's expansion of medical schools, legal experts say there is a high possibility that this lawsuit will be dismissed without the court's decision.
 
On the 6th, the Public Crimes Investigation Unit of the Seoul Metropolitan Police Agency summoned Su-ho Joo, Chairman of the Media and Public Relations Committee of the Emergency Response Committee of the Medical Association, as a suspect and investigated whether he instigated or aided the group actions of medical residents.

 

Chairman Joo, who came out after about 10 hours of police interrogation, said, “I said I did not admit to the allegations,” and “I was asked about my relationship with the (Korean Medical Association) officials who were summoned with me and the suspicions in general.” Previously, Chairman Joo held a press conference before entering the public crime investigation unit and said, “Because I have never instigated (the mass resignation of majors), the crime of instigation is not established,” and “The MZ generation (born in the early 1980s to early 2000s) is a new generation. We do not follow our seniors just because they do this or that.”
 
Starting with Chairman Joo, the police plan to sequentially investigate former and current executives of the Korean Medical Association who were reported by the Ministry of Health and Welfare.

 

Separately from this, an investigation into the ‘suspicion of mobilizing pharmaceutical company employees to rally’ is expected to begin soon. The day before, the Korean Medical Association filed a complaint against Mr. A, whose name is unknown, to the Seoul Metropolitan Government on charges of violating the Information and Communications Network Act (defamation of character).
 
In response to the government's judicial action, representatives of the professor councils of 33 medical schools across the country filed a lawsuit with the Seoul Administrative Court the day before against the Minister of Health and Welfare and the Ministry of Education to cancel the increase in medical schools by 2,000 students for the 2025 school year. An application for a temporary injunction was also filed to suspend execution until the results of the main lawsuit are announced.
 
The Faculty Council largely claims that the subject, procedure, and contents of the medical school increase are illegal. First, the Minister of Health and Welfare does not have the authority to determine university admission quota under the Higher Education Act, but he increased the quota. In addition, it is claimed that the procedure for rationally adjusting the interests of stakeholders was omitted, and the content was not based on objective and fair evidence in the medical field.

 

Contrary to the claims of medical school professors, the legal community agreed that it is difficult for the government's expansion of medical school quota to become an administrative disposition subject to cancellation lawsuits. According to precedent, administrative disposition must be ‘an exercise of public power by an administrative agency that directly affects the rights and obligations of the people by enforcing laws on specific facts.’ However, the government’s policy to expand the quota is still in the announcement or planning stage, so it does not have ‘administrative disposition.’
 
Questions are also raised about whether the Faculty Council is suitable as a plaintiff.Attorney Choi Hyeon-deok (Daeryun Law Firm) said, “The plaintiff in the cancellation lawsuit must be a person who is directly affected by the rights and obligations, but it is difficult to see that a medical school professor and the increase in medical schools have this kind of relationship.”

 

 

[View full article] 

Medical school professors file lawsuit against government to cancel staff increase... What is the issue? [‘Medical chaos’ emergency]

Is it possible to ‘cancel the increase in medical schools’ raised by professors? “There is a high possibility of rejection.”

 

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