Will I be punished for violating the Emergency Medical Act?

The Emergency Medical Act is a law established to ensure appropriate medical services in emergency situations and to allow medical staff to provide the best treatment to patients. In emergency situations, providing necessary treatment based on the medical staff's judgment is prioritized, and obstructing this or assaulting medical personnel may be considered illegal.​

According to Article 60 of the Act on Emergency Medical Service, a person who assaults an emergency medical worker and causes injury shall be punished by imprisonment of up to 10 years or a fine of not less than 10 million won and not more than 100 million won. A person who causes serious injury shall be punished by imprisonment of three years or more, and a person who causes death shall be punished by life imprisonment or imprisonment of five years or more.

In addition, a person who obstructs emergency medical services or destroys, damages, or occupies medical facilities may be punished by imprisonment of up to 5 years or a fine of up to 50 million won.

In a case like the questioner's, where there was not only obstruction of medical practice but also assault, it may be difficult to avoid heavy punishment.

However, if you can emphasize, based on objective evidence, that there was no intent to assault and that it was simply friction that occurred while protesting the treatment method, this may be considered in sentencing.

We recommend pursuing a settlement with the victim and showing a reflective attitude regarding the circumstances of the case. Subsequently, it is advisable to seek the help of a legal expert, consult with an attorney to accurately convey the situation, and respond based on legal advice.

Also, sincerely apologizing to the medical staff and making efforts to resolve the issue amicably is important.

Our firm conducts mock investigation simulations in a mock investigation room similar to the actual one for clients facing police investigations for violations of the Emergency Medical Act.