(1)To the teachers of the major
image text translation
(2)I’m Professor Kwon Yongjin of Seoul National University Hospital Public Medical Center I am a general practitioner and a doctor of law who majored in medical law As I read the information on the recent news, I would like you to know and make a decisionThe current situation seems to be difficult for any lawyer to consult clearly
(3)The information is summarized as follows First, there is no leadership in the struggle It’s a resignation decided by each individual Second, the government has issued an order to commence business. Third, the government will raise the national crisis level to the highest level as of the 23rd
(4)What worries me the most among these is that the government is raising the crisis level to the highest level This is the basis for the Government to exercise a significant level of authorityThe government is expected to quickly enforce personal restraint and tough administrative measures against the leaders It is also expected to implement policies that can be implemented to overcome the crisis, such as temporary authorization of PA This is not a threat, it’s just a fact Here’s what I’m concerned about
(5)Apart from the arrest of the first mastermind, a significant number of you may be subject to administrative actionAdministrative dispositions will be kept on the record, and they will be followed until you quit your medical career in the future It can be a fatal restriction for those who want to go abroad with a Korean doctor’s license If you want to get a job abroad, you need a Good Standing Letter because all administrative measures under the medical law will be left in the document It is remembered that those who have been at the forefront of the medical struggle for the past 20 years have been criminally punished, but not restricted to the medical industry except for two Chairman Kim Jae-jung and Chairman Han Kwang-soo
(6)2 From the legal knowledge I know, even if your resignation is admitted, punishment under the current medical law seems inevitable Unlike other countries, Korea is a country that stipulates the national health responsibility in Article 36 (3) of the Constitution Without such an explicit provision, it is highly likely that the state will win the unconstitutional lawsuit that the order to commence work violates doctors’ freedom of choice too much, but please make a decision knowing that the state’s responsibilities are strongly recognized compared to other countries Article 660 (2) of the Civil Code and the Labor Standards Act will apply to the working conditions of a resident, but it can be an important issue that you left the hospital immediately after submitting your resignation without going through normal resignation procedures. In other words, it should be taken into account that your actions are more likely to be interpreted as actions for a purpose than as simple resignation, which means that you are more likely to be subject to administrative disposition under the medical law Under the medical law, administrative measures will apply regardless of your return to the hospital
(7)It is also worth recalling that Korea’s medical license system is not a system to protect licensed people, but a system operated by the state to protect people from unlicensed medical practices Given this, in extreme terms, the doctor of our country can be described as a licensed person to take over the health affairs of the state This legal characteristic is that our country has come from Japan
(8)The legal system was created in a hurry during independence, and since then, the state-led development has continued, and it can be seen as a limitation of the urgent legal system We have to accept that this characteristic is not in line with the current social characteristics, but it is the current law In conclusion, it is possible to file an unconstitutional lawsuit against the medical law’s order to commence business, but the probability of winning seems low
(9)3 It’s wrong to think that seniors in the medical field will solve something I work full time as a doctor’s association director and extend the six-year school system
(10)I was charged by the Education Department for leading the counter-protest and finedAll I’ve ever received from the doctors’ association is a legal fee and a fine There’s nothing medical seniors can do for you You have to make your own decisions and take responsibility for the damage
(11)Here is your opinion as a senior doctor and professor on your sudden resignationPlease think about it I understand that people of different generations are suffering and suffering while working in a special working environment in a hospital that is different from social wisdom As a senior who lived first, I’m sorry and sad that I passed on this reality However, I hope you understand that this reality is also a self-portrait of Korea, which is achieving the fastest growth in the world In my opinion, a major has three identities I’m a doctor’s trainee worker The idea of your sudden resignation and leaving the hospital based on your respective identities
(12)First, the legal and social treatment of professionalism as a doctor cannot constantly acknowledge the actions of licensed individuals Therefore, the medical ethics guidelines set by medical organizations are the standard for professionality The Korean Medical Association also establishes guidelines for physician ethics, and Chapter I, General Ethics Article 3, stipulates that doctors should use all medical knowledge and technology to promote the welfare of mankind, making the performance of their noble mission to preserve and promote the life and health of noble people the main duty of life Leaving the hospital as soon as you submit your resignation letter is hard to see ‘action that makes the performance of a sublime mission the duty of life’ And even with ethical principles, as long as your actions are delaying the operation of critically ill patients, it’s hard to say that you were a doctor at the time you left the hospital for political or personal reasons
(13)Second, as a trainee, you have a teacher This requires relationships and other courtesy as colleagues Please think about whether you had enough conversations with your teacher in the process of sudden resignation and leaving the hospital I think it depends on the individualThere are some doctors who have gone through enough courses, and there are others who don’t If your teacher encouraged or encouraged you to leave the patient right away, they could be cowardly people who are putting you in a proxy fightI’m sure most professors were worried and sad
(14)Third, as a worker, your sudden resignation constitutes an unauthorized departure from your workplace without your resignation being accepted Even industrial unions admit strikes only when negotiations break down Your resignation is a personal choice, but the process is damaging to a lot of people Each hospital has a different method of contract, so there may be some differences in legal status and the procedure for handling resignation may differ accordinglyWhat I’m trying to say is that as an ordinary office worker, I’m talking about social convention
(15)it is.
(16)If you give up your medical career, that’s also your choice
(17)But if you want to continue in the medical profession, at least as a doctor, work ethic
(18)Considering your duties as a worker in honor of your doctor’s master, your actions are
(19)I was in a hurry
(20)Your hasty actions can cause a great deal of damage to your individual
(21)I’m worried
(22)If you really want to quit your medical career, come back to the hospital and finish your work
(23)Please go through the normal retirement procedures and leave the hospital
(24)If you want to fight, come back to the hospital and get a deep understanding of the content
(25)The government has better policy alternatives to the problems of the country that the government is struggling with
(26)Please have a conversation Now that it is facing the adverse effects of rapid growth
(27)It’s the role and action that Korea’s experts should play
(28)In my judgment, government action appears to be urgent
(29)Whatever you decide, it’s up to you
(30)As a scholar, as a professor, a final decision-making letter that concerns your harm
(31)I feel that I have all the time, and I think being silent will be a burden for the rest of my life
(32)I’ll leave a comment
(33)Whatever you decide, I hope your future will be full of hope and happiness
(34)February 223rd, 2024
(35)Yongjin Dream Zone
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