CONTENTS
- 1. Emergency Medical Service Act | Concept
- - Definitions
- 2. Emergency Medical Service Act | Major Violations and Punishment
- - Assault of an Emergency Medical Worker
- - Other Types of Violations of the Emergency Medical Service Act and Their Punishment
- 3. Emergency Medical Service Act | Imposition of Administrative Fines
- - Main Conduct Subject to Administrative Fines
- - Practical Considerations
- 4. Emergency Medical Service Act | Suspension of License or Qualification
- - Types of License or Qualification Suspension
- 5. Emergency Medical Service Act | How to Respond to a Violation
- - Confirming the Violation and Understanding the Situation
- - Internal Management and Prevention of Recurrence
- 6. Emergency Medical Service Act | Establishing a Response Strategy
1. Emergency Medical Service Act | Concept
The Emergency Medical Service Act was enacted to organize the emergency care system so that emergency patients can be treated quickly and appropriately, and to safeguard the public's lives and health.
The Act sets out the duties and responsibilities that everyone involved with a patient's emergency condition must observe, including medical personnel, emergency medical institutions, paramedics, and private citizens.
Definitions
A clear grasp of the Emergency Medical Service Act begins with knowing precisely what its key terms mean.
The core terms defined in the Act are set out below.
▪ Emergency patient: a person who faces a serious risk to life or health unless treated immediately
▪ Emergency medical care: all measures taken to resolve an emergency patient's dangerous condition, including rescue, transport, treatment, and medical care
▪ Emergency first aid: urgent measures to sustain life, such as securing an airway and restoring the heartbeat
▪ Emergency medical worker: a person who provides emergency medical care, such as a doctor, nurse, or emergency medical technician
2. Emergency Medical Service Act | Major Violations and Punishment
To protect the lives of emergency patients, the Emergency Medical Service Act imposes strict penalties for a range of violations.
Obstructing emergency care, damaging facilities, performing duties without proper qualification, refusing treatment, and operating an ambulance unlawfully are all subject to criminal punishment. Depending on the seriousness of the act, the penalty can range from life imprisonment down to imprisonment of not more than one year or a fine.
Assault of an Emergency Medical Worker
A person who assaults an emergency medical worker in the emergency room of a medical institution, and thereby causes injury, serious injury, or death, faces the following punishment.
▶ Article 60(1) of the Emergency Medical Service Act
Where injury is caused | Imprisonment of not more than 10 years or a fine of not less than 10 million won and not more than 100 million won |
Where serious injury is caused | Imprisonment for a definite term of not less than 3 years |
Where death is caused | Life imprisonment or imprisonment of not less than 5 years |
Other Types of Violations of the Emergency Medical Service Act and Their Punishment
Article 60 of the Emergency Medical Service Act clearly sets out the penalties for various prohibited acts in order to protect emergency patients and keep the emergency care system safe.
Obstructing emergency care, carrying out rescue activities without proper qualification, and operating an ambulance unlawfully all count as violations of the Act, and depending on the nature of the conduct, criminal punishment such as imprisonment or a fine may follow.
• Obstruction of emergency medical care
• Destruction, damage, or occupation of emergency medical facilities
• Impersonation of an emergency medical technician without qualification
• Operation of a transport business without a permit
| Imprisonment of not more than 5 years or a fine of not more than 50 million won |
• Refusal or evasion of emergency medical care
• Lending of an emergency medical technician certificate or misappropriation of another's name
• Disclosure of medical information (breach of the duty of confidentiality)
• Performance of emergency first aid by an emergency medical technician without a doctor's instruction
| Imprisonment of not more than 3 years or a fine of not more than 30 million won |
• Illegal operation of emergency transport means such as ambulances
• Operation of an ambulance under another person's name
• Use of an ambulance for other purposes
| Imprisonment of not more than 1 year or a fine of not more than 10 million won |
3. Emergency Medical Service Act | Imposition of Administrative Fines
Because the Emergency Medical Service Act exists to protect emergency patients whose lives are at risk, it provides for various administrative sanctions in addition to criminal punishment.
Where an institution breaches its duties, such as violating the operating standards for emergency medical institutions, managing an ambulance negligently, or maintaining inadequate equipment, an administrative fine may be imposed rather than criminal punishment.
Under Article 62 of the Emergency Medical Service Act, an administrative fine of not more than 3 million won applies to the following violations.
Main Conduct Subject to Administrative Fines
1. Violation of Designation Standards
Where an institution, after being designated as an emergency medical institution, fails to maintain the facilities, personnel, or equipment that meet the designation standards
2. Failure to Record the List of Guardians
Where the list of guardians and others who enter the emergency room is not prepared or kept up to date
3. Violation of the Duty to Treat Emergency Patients
Where a specialist on duty, or a person with equivalent qualifications, fails to treat an emergency patient
4. Failure to Secure or Misuse of Reserve Beds
Where the reserve beds required by law are not secured, or where they are used for persons who are not emergency patients
5. Failure to Install or Report Emergency Equipment
Where emergency equipment such as an automated external defibrillator (AED) is not provided, or where a change in installation is not reported
6. Ambulance-Related Violations
Operating without an emergency medical technician on board, operating an unreported ambulance, failing to report deregistration, using a vehicle beyond its permitted service life, and similar conduct
7. Violation of Recording and Dispatch Duties
Failing to prepare records of emergency medical dispatch and treatment, failing to submit reporting materials, and otherwise not complying with duties relating to emergency medical records
8. Failure to Report or Obtain Permission for Changes
Where a report is not filed, or permission is not obtained, when emergency medical operations are changed
9. Improper Use of Designations
Where similar designations such as “emergency medical technician” or “emergency medical center” are used or displayed without authorization
10. Noncompliance With Inspection and Reporting Duties Owed to the Health Authorities
Where an inspection or a request for materials by the Minister of Health and Welfare or a local government is refused or obstructed
Practical Considerations
An administrative fine is more than a simple monetary sanction, because it can affect a medical institution's administrative credibility and its eligibility for redesignation, so the matter calls for caution.
Repeated administrative fine dispositions may also escalate into criminal liability or count against the institution in future disputes, so the following measures are advisable.
• Careful compliance with recording duties, such as guardian lists and medical records
• Timely reporting within the deadline when equipment is installed or an ambulance is changed
• Ongoing review of whether personnel standards, such as emergency medical technicians and on-duty physicians, continue to be met
4. Emergency Medical Service Act | Suspension of License or Qualification
The Emergency Medical Service Act sets strict rules for managing the licenses and qualifications of emergency medical personnel.
If the Act is violated, the Minister of Health and Welfare may order revocation of a license or suspension of qualifications for up to six months.
Types of License or Qualification Suspension
Under Article 55 of the Emergency Medical Service Act, a license or qualification may be revoked or suspended for up to six months where any of the following violations occurs.
• Disclosing a secret learned in the course of duties
• Collecting excessive or improper transport and treatment fees
• Causing serious harm to an emergency patient by violating the emergency care system
• Lending an emergency medical technician certificate or working under another person's name
• Performing emergency treatment without a physician's instruction
• Failing to complete continuing education, among others
In addition, where an emergency medical technician fails to comply with the duty to report his or her status as an emergency medical technician, the Minister of Health and Welfare may suspend the qualification until the report is filed.
5. Emergency Medical Service Act | How to Respond to a Violation
When a violation of the Emergency Medical Service Act is suspected, or a disposition has already been imposed, a prompt and methodical response matters a great deal.
Tailoring the response to the type of violation and the surrounding circumstances can keep the resulting harm to a minimum.
Confirming the Violation and Understanding the Situation
Related documents, such as investigation notices and complaints, should be reviewed carefully to pin down the precise content and scope of the alleged violation.
Securing relevant evidence and witness statements, and objectively assessing whether the conduct was unlawful and where responsibility lies, can make a meaningful difference.
Drawing on the applicable statutory provisions and case law, counsel can identify the points at issue and weigh the direction of the response going forward.
Internal Management and Prevention of Recurrence
The focus should fall on analyzing the cause of the violation in a structured way and on strengthening internal controls so that the law is followed.
Legal training and work guidelines for the relevant personnel can also be reinforced to raise compliance awareness and reduce errors in day-to-day work.
Regular internal inspections and audits can head off problems before they arise, and where a problem does surface, prompt corrective measures can be taken.
6. Emergency Medical Service Act | Establishing a Response Strategy
A violation of the Emergency Medical Service Act can draw not only criminal punishment but also administrative dispositions such as suspension or revocation of a license at the same time, so particular caution is warranted.
Because such dispositions bear directly on a medical professional's career, a prompt and methodical response carries real weight where a violation is suspected.
For that reason, in cases involving a violation of the Emergency Medical Service Act, obtaining the assistance of legal professionals from an early stage can do much to minimize legal risk and to avoid the disadvantages that flow from administrative dispositions.
At our firm, attorneys with extensive experience in criminal and administrative cases relating to the Emergency Medical Service Act work together to support a structured response aimed at protecting clients' rights.
If a violation of the Emergency Medical Service Act is causing you difficulty, you may wish to consider your response together with a 🔗medical attorney at Daeryun.
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