CONTENTS
- 1. Assault on Medical Professionals | Concept
- - Legal Basis for Protecting Medical Institutions and Medical Professionals
- - Scope of Medical Professionals Subject to Protection
- 2. Assault on Medical Professionals | Punishment
- - Penalty Levels Under the Medical Service Act
- - When an Emergency Medical Worker Is Assaulted
- - Destruction and Occupation of Medical Institution Facilities
- 3. Assault on Medical Professionals | Criminal Complaint
- - Criminal Complaint Procedure and Its Stages
- 4. Assault on Medical Professionals | Civil Litigation
- - Claim for Damages
- - Causation Requirement
- - Items Recoverable as Damages
- - Civil Litigation Procedures and How to Prepare
- 5. Assault on Medical Professionals | Collection of Evidence
- - Types of Evidence
- - Points to Note When Securing Evidence
- 6. Assault on Medical Professionals | Prevention and Advance Response
- 7. Assault on Medical Professionals | Legal Support
1. Assault on Medical Professionals | Concept
Assault against medical professionals refers to the act of inflicting assault or intimidation on a medical professional or a worker at a medical institution who is providing treatment.
This is not a simple assault incident, but a serious crime that gravely threatens the operation of the medical institution, the safety of the medical staff, and, further, the environment for providing medical services.
Legal Basis for Protecting Medical Institutions and Medical Professionals
Medical institutions and medical practitioners are legally protected from assault and intimidation.
▶ Article 12, Paragraph 3 of the Medical Service Act
▶ Article 60 of the Emergency Medical Service Act
This provision is a legal basis established to secure the stability and public nature of medical institution operations and to allow medical staff to safely perform medical care.
Scope of Medical Professionals Subject to Protection
Pursuant to Article 12, Paragraph 3 of the Medical Service Act, the following occupational workers are also protected from assault and intimidation at a place where medical practice is performed.
ㆍMedical technician
ㆍClinical laboratory technologist
ㆍRadiological technologist
ㆍPhysical therapist
ㆍOccupational therapist
ㆍDental technician
ㆍDental hygienist
When such an assault occurs, a medical institution needs to take immediate legal action and secure evidence, and protecting the affected medical practitioner is the top priority.
2. Assault on Medical Professionals | Punishment
Assault of a medical practitioner is not a simple act of violence but a serious criminal act that undermines the safety and public nature of medical services, and it is subject to strict criminal punishment under the Medical Service Act and the Criminal Act.
Penalty Levels Under the Medical Service Act
Where medical personnel are subjected to assault or intimidation at a place where treatment is in progress, aggravated punishment applies depending on the result.
▶ Medical Service Act, Article 87-2
Where it results in bodily injury | Imprisonment for up to 7 years or a fine of at least 10 million won but not more than 70 million won |
Where it results in serious bodily injury | Imprisonment for at least 3 years but not more than 10 years |
Where it results in death | Life imprisonment or imprisonment for at least 5 years |
When an Emergency Medical Worker Is Assaulted
Assault against emergency medical personnel is punished more severely under a separate statute.
▶ Emergency Medical Service Act, Article 60
Where bodily injury is caused | Imprisonment for not more than 10 years or a fine of not less than 10 million won and not more than 100 million won |
Where serious bodily injury is caused | Imprisonment for a definite term of not less than 3 years |
Where death is caused | Life imprisonment or imprisonment for not less than 5 years |
※ “Emergency medical personnel” means medical persons and emergency medical technicians who provide emergency medical services to emergency patients within the scope of the license or qualification obtained under the relevant statutes.
Destruction and Occupation of Medical Institution Facilities
Not only assaulting medical personnel but also destroying facilities within a medical institution or occupying it to obstruct medical treatment is strictly subject to punishment under the Medical Service Act.
Under Article 12 (2) of the Medical Service Act, destroying or damaging medical facilities, equipment, drugs, or articles, or occupying a medical institution to obstruct medical treatment, is prohibited.
▶ Medical Service Act, Article 87-2
Destruction and occupation of medical institution facilities | Imprisonment for not more than 5 years or a fine of not more than 50 million won |
Not only simple obstruction, but also a person who instigates or aids and abets such conduct may be subject to the same punishment.
3. Assault on Medical Professionals | Criminal Complaint
A medical professional or medical institution that has suffered assault may formally request criminal punishment of the offender by filing a criminal complaint.
A criminal complaint is an expression of intent by which a victim reports the facts of a crime to an investigative agency and seeks punishment, and a medical professional or medical institution may proceed with the complaint procedure as soon as it becomes aware that an assault has occurred.
▶ Persons entitled to file a complaint: the crime victim (the medical professional), a legal representative, and the like
Some instances of assault on a medical professional constitute crimes not punishable against the victim's will, so whether the victimized medical professional wishes punishment may affect the investigation and indictment (provided that serious bodily injury, death, and the like are exceptions).
A complaint may be filed in writing or orally at a police station or the prosecutors' office, and, where necessary, submission by mail or submission by an agent is also possible.
Criminal Complaint Procedure and Its Stages
1) Filing the complaint
The complaint specifically states the date, time, place, and circumstances of the assault, as well as information about the victim and the offender.
The complaint is submitted to the investigative agency with jurisdiction over the offender's residence, current location, or the place of the crime, and if direct submission is difficult, submission by mail or through a representative is also permitted.
2) Investigation stage
A site investigation, securing of CCTV footage, verification of the medical certificate and medical records, and securing of the injured medical practitioner's statement are carried out.
If necessary, a witness interview and an interview of the offender are also conducted.
3) Referral to the prosecution and institution of public prosecution
At the prosecutor's discretion, the case may be handled through a formal indictment, an application for a summary order (fine), or other means.
4) Trial proceedings
The injured medical practitioner may give a victim statement or submit evidence in court and explain the circumstances of the harm.
※ A complaint may be withdrawn before the indictment is filed, and once withdrawn, it cannot be filed again.
4. Assault on Medical Professionals | Civil Litigation
A medical practitioner or medical institution that has suffered harm from assault may, separately from criminal punishment, claim damages through a civil lawsuit.
A civil lawsuit is filed to recover legal rights and to obtain monetary compensation for the harm, and it requires the following procedures and preparation.
Claim for Damages
A medical practitioner or medical institution may claim damages from the assailant for harm caused by an assault, based on tort.
▶ Civil Act Article 750
Under tort liability in the Civil Act, a person who has caused harm must compensate for it, and a civil action may be filed for this purpose.
The claim may be made in the name of the individual medical practitioner or the medical institution, and the complaint must be filed with the competent court.
Causation Requirement
For damages to be recognized in a civil lawsuit, a causal relationship must exist between the offender's act and the victim's harm.
The causal relationship may be direct or a proximate causal relationship, and the court evaluates it through an objective and reasonable judgment.
In cases involving assault of a medical practitioner, it must be proven that the injury, psychological harm, facility damage, and similar consequences resulting from the assault are clearly connected to the harmful act.
Items Recoverable as Damages
The main items for which a civil claim for damages may be made in an assault case involving a medical practitioner are as follows.
・ Treatment costs and treatment-related expenses
Costs of treating injuries caused by the assault, medical fees, medication costs, rehabilitation treatment costs, and the like
・ Mental harm (consolation money)
Compensation for the psychological shock, stress, and mental harm caused by the assault
・ Costs of damage to facilities and equipment
Repair or replacement costs for damage to medical equipment, fixtures, and facilities within the medical institution
・ Business losses
Loss of medical revenue and operating losses arising from the delay or suspension of medical treatment
The items of the claim for damages must be clearly stated in the complaint, and securing specific materials is important.
Civil Litigation Procedures and How to Prepare
A civil lawsuit begins when the victimized medical professional or medical institution submits a complaint to the court.
The civil litigation procedure generally proceeds as follows.
1) Filing of the suit (submission of the complaint)
The complaint sets out in detail the purport of the claim, the basis for calculating the amount of damages, the circumstances of the case, and similar matters so that the court can clearly understand the case.
2) Submission of the defendant's answer
3) Preparation for pleadings and the pleading date
The plaintiff submits all evidence that can prove the case, such as a medical certificate, treatment records, materials on facility damage, and witness statements, to support its claims.
4) Pronouncement of judgment
Where necessary, the court may recommend a settlement between the parties through mediation or conciliation procedures to resolve the case promptly.
5. Assault on Medical Professionals | Collection of Evidence
In cases of assault against a medical practitioner, securing evidence is central to the outcome of the case and to the response.
A medical practitioner or medical institution that has suffered assault should prepare evidence systematically, and the evidence can serve as an important basis for judgment in both civil litigation and a criminal complaint.
Types of Evidence
If you intend to file a criminal complaint and civil litigation, securing evidence on the part of the medical institution and the medical professional plays an important role.
① Medical certificate and treatment records
These objectively prove the injured area, the treatment period, the treatment content, and similar matters.
② Photographic and video materials
Secure damage to medical institution facilities, CCTV footage, and the like.
③ Witness statements
Secure the statements of witnesses to the incident, such as fellow medical professionals, staff, and patients, in written or recorded form.
④ Financial materials
These are materials for calculating the amount of loss, such as loss of treatment revenue, equipment repair estimates, and receipts.
Clear collection of evidence plays a decisive role in the direction of criminal punishment and litigation, so it is important to record and preserve it on site immediately.
Points to Note When Securing Evidence
It is important to collect evidence systematically from immediately after the incident occurs.
In civil litigation it is used directly to prove the occurrence of harm and the causal relationship, and in a criminal complaint to prove the fact of the assault.
If the evidence is insufficient, it may work unfavorably when the court determines the amount of damages or whether to impose criminal punishment.
6. Assault on Medical Professionals | Prevention and Advance Response
For an assault against a medical practitioner, prevention and safety management in advance are as important as the response after an incident occurs.
A medical institution needs to minimize the likelihood of an incident through systematic safety management and staff training, and to be prepared to respond promptly when one occurs.
1) Safety management within the medical institution
ㆍ Constant monitoring through CCTV, security systems, and similar measures
ㆍ Preparation of an emergency response manual for prompt response when an incident occurs
2) Staff training and response manual
ㆍ Distribution of a protection manual to medical practitioners and medical institution staff
ㆍ Prevention of secondary harm through improved early response capability
7. Assault on Medical Professionals | Legal Support
In cases of assault against a medical practitioner, if securing evidence and managing statements is inadequate, it may become difficult to sufficiently protect one's rights in a criminal complaint or civil action.
Therefore, it is important for the injured medical practitioner to respond strategically at every stage, including proceeding with the criminal complaint and civil action, securing evidence, and managing statements in court, with the assistance of an experienced attorney.
The firm operates a task force composed of medical attorneys and criminal attorneys, providing systematic, stage-by-stage support for injured medical practitioners from the initial consultation through the criminal complaint and litigation stages.
In particular, through a tailored strategy centered on protecting the medical practitioner, such as preparing evidence and responding in court, the firm supports resolving the case amicably and efficiently.
If you are facing difficulties due to an assault against a medical practitioner, please prioritize protecting your rights and securing safety with the assistance of a medical attorney.
