[News UP] "Emergency Room Work" Blacklist Appears... "Mocking Over the Line"

■ Host: Anchor Yoon Jae-hee
■ Starring: Attorney Cho Jin-seok

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN News UP] when quoting.


[Anchor]
The emergency room blacklist has reemerged. Personal information about dispatched military doctors was also released. We point out with experts whether there are various measures, controversies, and legal problems caused by the legislative conflict. Let's meet Cho Jin-seok, a lawyer who was a doctor, via video. Lawyer, you're out, right?

[Cho Jin-seok]
This is lawyer Cho Jin-seok.

[Anchor]
An emergency room blacklist has emerged that maliciously revealed the real names of doctors working in the emergency room. There has been a blacklist of working doctors in the past, but isn't this a crime?

[Cho Jin-seok]
It could be seen as a crime. According to the Information and Communication Network Act, there is room for criminal punishment for this part because it is defamatory by publicly revealing the facts.

[Anchor]
The site is believed to have been created by doctors, and it is known that there are not only doctors working, but also real names that are believed to be military doctors dispatched now. It's a site that's already been asked to investigate by the police, but can't you stop such personal information posting?

[Cho Jin-seok]
You can delete some of them through keyword search on the site, but I think it will be difficult to remove them completely.

[Anchor]
You said that it is difficult to control completely, but there is also a threatening message to military doctors through Telegram not to go to the emergency room. There seems to be a malicious part of using Telegram, which is difficult to track, so how do you see it?

[Cho Jin-seok]
Telegram itself has the aspect of anonymity and making it very difficult to track. If that is the problem. If sending a message on
Telegram becomes a problem, it may be considered as an obstruction of justice in severe cases.

[Anchor]
You even mentioned obstruction of justice. Let's take a closer look at the issue of military doctors who are being dispatched to fill the emergency room personnel now. There's a series of billion beats on the spot. In some cases, the military doctor refuses to work, and in some cases, the hospital refuses, but we will first look at it from the perspective of the military doctor. They refuse to work because they lack field experience. Is the general work of a military doctor very different from that of the emergency room? What do you think?

[Cho Jin-seok]
In the case of military doctors, it may vary depending on the location of work, but most military doctors working in division medical units or medical companies, not large military hospitals, are in charge of prescribing basic medicines such as painkillers, basic first aid, and external evacuation. And in the case of military doctors, it is common to be in charge of medical care for soldiers who are healthy and uniform patients.

[Anchor]
But don't you have a doctor's license now?

[Cho Jin-seok]
That's right.

[Anchor]
Do you think there's such a gap in your work that you refuse to work when you have a doctor's license? I think it's one thing to have a

[Cho Jin-seok]
doctor's license and have the capacity to respond to emergencies. There is a big difference between the military's work as a military doctor and the emergency room doctor in a private hospital, and as I said earlier, patients are very different based on age and health conditions, so performing tasks can have a fatal impact on the life of patients even though they are not mastered or adapted.

[Anchor]
There seems to be a variety of worrisome situations, but there were cases where the hospital sent back military doctors. Did they judge that education or communication on the spot was impossible?

[Cho Jin-seok]
It may be said that it is difficult to immediately put it in due to problems with education or communication, but in the emergency room, not only emergency room work but also other specialized medical departments should be background or final treatment, and it seems that allowing only emergency room patients without that part does not fit the purpose of emergency medical care and can bear greater legal responsibility just because they have not been able to provide background or final treatment after receiving the emergency room.

[Anchor]
Looking at it now, it seems that there are only a few emergency medical specialists among dispatched military doctors, which is why there are criticisms that it is a tinkering prescription. What do you think?

[Cho Jin-seok]
Given the nature of emergency care provided by the emergency department, you need an emergency medicine specialist with the ability to respond to emergencies or at least a specialist in the care subject with experience in acute patient care. However, I understand that the currently dispatched military doctors are dispatched regardless of their medical subjects or medical experience, and this kind of dispatch should be avoided because it can have a worse impact on the patient's condition by simply accepting patients or forcing them to treat patients without their ability to respond.

[Anchor]
The government initially said that it could help reduce pressure on emergency room sites when dispatching military doctors. I think they judged that they would only help with basic treatment. What do you think?

[Cho Jin-seok]
If you thought the purpose of dispatching military doctors was to reduce pressure on the emergency room site, I think you are inappropriately judging the cause of the collapse of the emergency medical field.

[Anchor]
That's why there are criticisms that they are not properly grasping the current situation on the site. What are your opinions here?

[Cho Jin-seok]
The current difficulty in the emergency medical field is simply because not only emergency room workers but also the background medical departments that need to provide background medical care have collapsed. This is because it has become impossible to provide background medical treatment or final medical treatment, making it difficult for emergency room workers alone to provide government-deserved emergency medical care. However, the government intends to dispatch military doctors from the emergency room to provide temporary simple treatment with the intention that simply increasing the number of emergency medical workers will solve the emergency medical collapse, which is nothing more than a tabletop theory that does not understand the characteristics or purpose of emergency medical care in the emergency room.

[Anchor]
The Ministry of Health and Welfare said it would consider disciplinary action against military doctors' refusal to work, but reversed it. The Ministry of National Defense also said it is not discussing disciplinary action. Was it possible to discuss disciplinary action in the first place? What do you think?

[Cho Jin-seok]
It is difficult to predict because we cannot accurately confirm how the government reviewed it, but at least considering the collapse, the Ministry of Health and Welfare would have looked at not only military laws such as the Military Criminal Law, the Military Personnel Law, and the Military Disciplinary Decree, but also the Medical Law and the Emergency Medical Law.

[Anchor]
Anyway, this part has been reversed. I will tell you once again that it has been reversed in such a way that we will not consider disciplinary action. The possibility of a medical accident cannot be ruled out, but when an accident occurs, a medical institution, not a military doctor, is supposed to bear the responsibility of 20 million won. Isn't it something that the hospital will feel a lot of pressure on?

[Cho Jin-seok]
is correct. The hospital understands that in the event of an accident caused by a dispatched military doctor or dispatched personnel, the hospital has a very heavy burden of being fully liable for damages.

[Anchor]
If an accident occurs in this way, can a replacement such as a military doctor or an air force be considered completely free from negligence responsibility?

[Cho Jin-seok]
You can't be completely free. In fact, according to precedents and related laws, it would be a public official, a military doctor or a public health doctor. If an illegal act occurs due to a transitional room while such a public official is performing his/her duties, the individual public official shall not be liable for damages only to the transitional room. However, if gross negligence or intention is recognized, it is still liable for damages. In addition, criminal responsibility or the risk of canceling a medical license due to criminal responsibility will still be borne the same as private status.

[Anchor]
Patients who hear about the controversial part of who will bear the burden of responsibility in the event of an accident may also be worried about getting medical treatment. What do you think?

[Cho Jin-seok]
In fact, even if I listen to people around me, I hear that patients or ordinary people who may become patients feel quite anxious when they see medical treatment without mastery of public health, military doctors, and unadapted.

[Anchor]
I see. The symptoms continue to worsen or even die while visiting the emergency room. In this case of
who do you think will be liable for compensation?

[Cho Jin-seok]
It seems difficult to discuss liability or legal responsibility simply by the fact that the patient died because he was not accepted into the emergency room. It is appropriate to discuss the responsibility according to specific facts. However, if it is recognized that the emergency medical system has collapsed due to the government's policy implementation, the government should bear the responsibility.

[Anchor]
I see. The government has decided to virtually eliminate some of the training gaps for residents who returned after leaving their workplaces. There are also criticisms that even if the period is short, they will recognize the completion of their major, but this is an excessive preferential treatment.
What do you think?

[Cho Jin-seok]
Even if the training period is insufficient, the policy of acknowledging the completion of the major course was not wanted or requested by the residents. Therefore, it is difficult to say that it is a preferential treatment provided by a resident doctor, and I think it is only a desperate measure to make up for the collapse of the medical system caused by the government's illegal policy failure.

[Anchor]
The composition of the ruling and opposition parties' political consultative body is being discussed.It is unclear whether Ma will be able to meet for the first time before Chuseok. The medical community says that the complete abolition of the reinforcement is the first thing, and the president's office continues to be impossible. Do you think it is possible to discuss the increase of medical schools next year from the ground up?

[Cho Jin-seok]
There is room for it to be considered virtually impossible. In fact, if it is re-discussed, additional legal disputes may arise as the impact increases throughout the education world. If so, do you think it will be difficult to choose one easily and make a decision?

[Anchor]
I see. That's all for today. I was with Cho Jin-seok, a lawyer who was a doctor. Thank you for saying that.