[초점] Resuming after two years of pleading for conditional medical institution establishment permission… In case of loss, introduction of ‘foreigner-only medical institution’ also failed
The fate of the foreigner-only medical institution that Jeju Island intends to pursue is expected to change depending on the outcome of the trial as the lawsuit over the unprecedented medical restriction for Koreans resumed after two years.
According to the legal community on the 18th, the Jeju District Court notified both sides of the date of resumption of pleadings in relation to the lawsuit filed by Greenji Jeju Healthcare Town Co., Ltd. against Jeju Island to cancel the conditions for permission to open a foreign medical institution.
The lawsuit arose on December 5, 2018, when former Jeju Provincial Governor Won Hee-ryong issued a conditional permission to establish a medical institution that restricts the treatment of Koreans at Nokji International Hospital in Jeju Healthcare Town.
The Green Zone side opposed the establishment of the Green Zone International Hospital, which was not originally planned to invest in Jeju Healthcare Town, as it was conducted at the request of the Jeju Free International City Development Center (JDC).
Moreover, according to the Jeju Special Act, the provincial governor has the right to establish a medical institution based on the Medical Act, but the so-called ‘adjutant’, which disallows medical treatment for Koreans, has no basis, arguing that it is illegal.
The adjunct is a contract to limit the effect of a juristic act. Article 307 of the current Jeju Special Act only stipulates that a corporation established by a foreigner may establish a medical institution in Jeju Island with the permission of the provincial governor.
The Green Zone side said that there is no basis for restricting medical treatment for Koreans in the Jeju Special Act as well as the Medical Act, and the conditional permission to open a nuclear power plant branch is an illegal abuse of its discretion.
Article 15 of the current Medical Act (Prohibition of Refusal of Treatment, etc.) stipulates that medical personnel or the establishment of a medical institution cannot refuse treatment without justifiable grounds upon receiving a request for treatment or midwifery.
On the other hand, Jeju Island is opposed to the fact that the authority to permit the establishment of medical institutions is delegated to Jeju Island in accordance with the special provisions of the Jeju Special Act, and the Jeju Governor can exercise discretion regarding the requirements for establishment.
In the future trial, the discretion of the governor over the deputy for the establishment permit is expected to be an issue. Also of interest is the legal judgment as to whether treatment for Koreans and foreigners can be separated under the Medical Act.
Previously, the court upheld Nokji’s hand in the lawsuit against the cancellation of the permission to open a foreign medical institution, interpreting it to the effect that “Nokji International Hospital was unaware of the restrictions on treatment for Koreans in the process of carrying out the project in the first place.”
As a basis for this, Jeju Island has previously stated that it has no significant effect on the national health insurance even if it is used by Koreans, and a public opinion survey in March 2018 suggested that discussions were held on the premise of treating Koreans.
Following the cancellation of the establishment license, if Jeju loses the lawsuit against the conditional establishment permission, the plan to introduce a ‘foreigner-only medical institution’ is highly likely to fail.
In relation to the promotion of the revision of the Jeju Special Act to abolish the introduction of for-profit hospitals, Jeju Island is considering a plan to retain ‘foreign medical institutions’ as ‘foreigners-only medical institutions’ in order to revitalize the medical industry.
This controversial lawsuit will be held on March 8 at the Jeju District Court. Green Zone is responding through the Pacific law firm. Jeju Island also plans to appoint four lawyers to take part in the trial.
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