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The Resignation of Medical Trainees: Deputy Minister Park Addresses Constitutional Concerns and Legal Review

Park Min-soo, Second Vice Minister of Health and Welfare, said on the 27th: “(The resignation of medical trainees) can be limited within a certain range for the public interest or to maintain social order.”

This was stated today by Deputy Minister Park, during the regular briefing of the Doctors’ Collective Action Command, in response to the question whether there are unconstitutional elements in the fact that the official letter ordering the maintenance of medical care sent by the Ministry of Health and L Resident assistance includes a clause that prohibits residents from waiving the renewal of the contract.

In response to this, Deputy Minister Park explained: “We have completed a legal review into the point that it violates the freedom of choice of a profession and have received indications that the orders are sufficiently possible in the current system of medical law.”

He added: “We argue that the resignation of medical residents represents the freedom to choose a profession, which is a fundamental right under the Constitution, but that fundamental right can be limited by law, and when we have fully considered these things , we have completed a legal audit based on the law.”

Meanwhile, in response to a question about “returning residents,” he said: “It is not easy to confirm their return,” and added: “Although accurate statistics are difficult, there are quite a few returning residents in some hospitals.” .

A patient is transferring from a teaching hospital in central Seoul on the morning of the 27th, eight days after a group of residents protesting the government’s increase in medical school capacity began to leave. (ⓒNews 1, unauthorized reproduction and redistribution prohibited)

Deputy Minister Park stated that as of 7 pm on the 26th, following the inspection of 99 training hospitals, “9,909 people, or about 80.6% of residents, had not submitted letters of resignation, and not all of them were accepted, and 8,939 people, or about 72.7% of residents, had left their jobs,” he said.

In the case of the leave status of medical school students, the medical school situation response team of the Ministry of Education checked 40 universities and found that on the 26th, a total of 14 universities and 515 students applied for leave, and 48 students from 3 universities withdrew their leave.

The number of leave applications that met the formal requirements was 4,880, or 26% of the total students enrolled in medical schools in 2023. The Ministry of Education asked universities to act promptly, for example by encouraging withdrawal or rejecting applications that do not meet the formal requirements. do not meet the formal requirements.

Refusal of classes was confirmed at 6 universities, a decrease of 5 universities compared to 11 yesterday. The Ministry of Education has repeatedly called for classes to take place as normal and called for strict action to be taken in accordance with school regulations in case of refusal of lessons.

Meanwhile, Deputy Minister Park said: “The Government has informed residents who have left their jobs that if they return by the 29th, they will not be held accountable for their actions up to that point.”

It continues: “Since the 26th we have issued a medical treatment maintenance order which prohibits acts such as failure to renew the training contract with a university hospital without justified reason or the interruption of treatment by abandoning the contract even after passing the internship program at a teaching hospital.”

As a result, he said: “We urge residents to return to the field of care and training as soon as possible” and appealed: “Let us put our heads together and discuss returning to the field and creating specific policy alternatives.”

Furthermore, “the government is deeply sympathetic to the time the residents have had to endure so far, despite the harsher conditions in hospitals, and will spare no effort to support them so that they can work in a better environment and pursue their dream of becoming good doctors who save.” people’s life.” «She promised it.

In particular, he said, “The government will invest more than 10 trillion won in essential medical fields by 2028 and reduce residents’ continuous working hours,” and asked, “I hope residents have faith in the government’s sincerity and come to the table for dialogue.”

Furthermore, he said, “the government is ready for dialogue at any time,” and added: “If you suggest a specific dialogue agenda, putting an end to collective action and establishing a representative dialogue channel, we will respond immediately.”

Meanwhile, Deputy Minister Park said: “I would like to express my deep gratitude to the people who support the government’s medical reform, despite the confusion caused by doctors’ collective action.”

He continued: “In particular, we would like to express our sincere gratitude for your cooperation with the government guidelines on emergency treatment so that tertiary general hospitals can operate with a focus on seriously ill and emergency patients.”

“The government will carefully monitor the situation in the medical field and do its best to protect people’s lives. In cases where the symptoms are mild, small and medium-sized hospitals and clinics in nearby areas will be provided.” so that those who are slightly sicker can receive care in higher-level general hospitals.” “Please use it,” she asked.

Vice Minister Park added, “I bow my head in gratitude to the mature civic conscience of the people of the Republic of Korea and will repay you with the steady completion of medical reform,” adding, “I ask for your continued support and encouragement.”

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