Administrative order ruling on ‘public welfare’ to increase number of doctors violates medical law Bureaucrats’ monopoly on future profits is fascism
As the policy of increasing the number of doctors through the administration's executive order became a 'public welfare', the administrative order was ruled superior to the 'must improve the quality of medical care' clause of the Medical Service Act's medical professional obligation law.
The court decided that the 'bureaucracy's current monopoly on judgment' regarding the 'expected value of future profits' in 10 years' time was for public welfare, showing a fascistic system of 'restriction of current personal interests by future national interests'.
The Seoul High Court ruled that doctors and prospective medical students were third parties and had no standing to file administrative lawsuits, and while acknowledging that medical students could be harmed by the admissions plan, it dismissed their request to protect 'public welfare'.
The high court ruled that halting the hiring plan could cause "tremendous" harm to efforts to increase the number of doctors and other essential roles in rural areas, finding that the executive order's "medical school admissions quota" rather than legal provisions on "quality of care." The ‘2,000-person increase policy’ was recognized as a top priority.
The Medical Service Act provides: <Article 4 (Obligations of medical personnel and heads of medical institutions) ① Medical personnel and heads of medical institutions shall strive to provide the best medical services to patients, including by improving the quality of medical care, preventing medical-related infections, and developing medical technology. >It was mandatory to ‘improve the quality of medical care.’
Article 1 of the Medical Service Act states, ‘The purpose of this Act is to protect and promote the health of the public by stipulating matters necessary for national medical care so that all citizens can receive high-quality medical care.’ ‘To provide high-quality medical care to all citizens. Benefits' were specified, and 'improvement of quality of medical care' was made mandatory for 'medical personnel'.
The government's emergency medical system and administrative supplementary measures for local medical facilities appear to be administrative orders subordinate to the ‘Medical Service Act Obligations of Medical Professionals’ under the Medical Service Act’s ‘high-quality medical care benefits for all citizens’.
<Article 2 (Test Subjects, Test Methods, etc.)> and <Article 4 (Issuance of Licenses)> are specified in the ‘Medical Act Enforcement Decree’, which is subordinate to the Medical Act, so the ‘Medical Act’ is seen as the basic law.
The 7th Administrative Division of the Seoul High Court (Presiding Judge Koo Hoe-geun) dismissed on the 16th the appeal trial of the case filed by a total of 18 people, including medical school professors, residents, medical students, and medical school students, against the Minister of Health and Welfare and the Minister of Education for suspension of execution of the decision to increase the number of students in medical schools. ·I decided to dismiss.
The court's ruling acknowledged the variability through an administrative order, saying, "Of course, this government's disposition is focused on increasing the number of medical schools, but the government also announced that it will periodically check the supply and demand status of medical personnel in the future and partially modify the scale of the increase."
The ruling went on to say, “If the current scale of increase is somewhat excessive, taking into account the fact that it can be adjusted at any time in the future, suspending the execution of the government’s disposition is an essential prerequisite for the recovery of essential and regional medical services, etc. “There are concerns that it will cause enormous disruption,” the ruling ruled in favor of an administrative order.
The ruling also said, "If the government increases the number of medical school students by 2,000 students per year from 2025 according to the original plan, there is a possibility that medical students' right to study, which is protected by related laws such as the Constitution, the Basic Education Act, and the Higher Education Act, will be seriously violated." It was acknowledged that the ‘Medical Act’ impeded the ‘improvement of quality of medical care’.
Regarding violations of the medical law, the court ruled that the university should respond to violations of the law with an additional administrative order, saying, "It is necessary to respect the opinions of the university every year and take measures not to exceed the number calculated by the university itself to minimize infringement on medical students' right to study."
Public welfare is based on 'current interests' as 'the overall interests that are established when the individual interests of many people are well harmonized', and the subject of the ruling is 'the exclusive distribution of 20,000 additional medical school seats by bureaucrats due to an expected shortage of doctors in 10 years' time. ' appears to be a fascistic system based on 'domination of future interests by bureaucrats.'
The political slogan of the Nazi dictatorship was 'public welfare takes priority over individual interests', an extreme totalitarian fascism, and went from 'future profit monopoly system to a few' to monopolization of national interests, which became the justification for war.
This ruling converted the temporary government's incomplete 'determination of lack of will' into permanent 'public interest'.
Article 37, Paragraph 2 of the Constitution applies to 'current rights relations' by stipulating that <all freedoms and rights of citizens may be restricted by law only when necessary for national security, maintenance of order, or public welfare>. There is a large gap with the variable ‘profit monopoly after 10 years’.
There are many studies that show that if the Korean medical system is established with the British-style 'home doctor system' in the medical system, 'doctor surplus' will result in 'calculation of the future number of doctors', and the Seoul High Court's 'deficiency of doctors after 10 years by bureaucrats due to public welfare' As expected, the decision to allow bureaucrats to monopolize the increase in the current medical school quota by 2,000 students appears to be a fascistic regime.