Will I be punished on charges of violating the Emergency Medical Service Act?

The Emergency Medical Service Act is a law established to guarantee appropriate medical services in emergency situations and to enable medical staff to provide the best treatment to patients. In an emergency, providing the necessary treatment according to the judgment of the medical staff takes priority, and acts that obstruct this or assault the medical staff may be regarded as unlawful.

Under Article 60 of the Act on Emergency Medical Service, a person who assaults an emergency medical worker and thereby causes bodily injury is subject to imprisonment for up to ten years or a fine of at least 10 million won and up to 100 million won; a person who causes serious bodily injury is subject to imprisonment for a definite term of at least three years; and a person who causes death is subject to life imprisonment or imprisonment for at least five years.

In addition, a person who obstructs emergency medical service or who destroys, damages, or occupies medical facilities and the like may be subject to imprisonment for up to five years or a fine not exceeding 50 million won.

As in your case, where not only the obstruction of a medical act but also assault was inflicted, it may be difficult to avoid heavy punishment.

However, if you emphasize, based on objective evidence, that there was no intent to assault and that it was friction that arose in the course of merely protesting the method of treatment, this may be taken into account in sentencing.

It is advisable to proceed with a settlement with the victim and to show a remorseful attitude regarding the circumstances of the incident, and as a subsequent step, it is best to obtain the help of a legal expert, consult with an attorney to accurately convey the situation, and respond with legal advice.

In addition, it is also important to convey a courteous apology to the medical staff and to make efforts to resolve the matter amicably.

For clients facing a police investigation for violating the Emergency Medical Service Act, our firm conducts mock investigation simulations in a mock investigation room that resembles the real thing.