의료인 결격사유와 면허취소의 개정 배경과 법적 제문제

Abstract

Despite continued opposition from the medical community, the 「Medical Act」, which stipulates grounds for license disqualification, license cancellation, and license reissue period for ‘all criminal acts,’ was implemented on November 20, 2023. A medical license is one of the basic rights based on freedom of occupational choice guaranteed in Article 15 of the Constitution. In other words, the freedom to choose an occupation includes the freedom to perform one's chosen occupation freely according to one's own decision, and must be interpreted strictly according to each limiting principle. Accordingly, a medical professional association, filed a constitutional petition against the so-called ‘Medical Person License Cancellation Act’. The current “Medical Act” is the result of reflecting “legal equity” with professionals, especially lawyers, and the criminal status of medical professionals. Accordingly, we sought to verify the history of the 「Medical Act」, issues of equity in the Medical Act and the Attorney-at-Law Act, and the current status of doctors' crimes. As a result of the review, the following conclusions were drawn. First, it is necessary to distinguish between medical school admission requirements and reasons for national application restrictions. Second, based on the time of issuance of a medical practitioner's license, reasons for disqualification and cancellation of a medical practitioner's license must be distinguished, and legal terms such as cancellation, withdrawal, and return of license must be clearly defined by distinguishing between application for medical practitioner license issuance and after license issuance. The method of enumerating sentences and mental and physical disqualifications for all criminal acts should be revised to include occupational crimes and health unfit for work, and procedural requirements should be supplemented. Lastly, in order to limit all criminal acts to occupational crimes or to improve the effectiveness of license management and disciplinary action, license management authority should be delegated to a medical group, or at least a system that can be exercised simultaneously by the group and the competent government office, such as the Attorney Act, should be introduced.