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KMID : 0986720200280020033
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Korean Journal of Medicine and Law
2020 Volume.28 No. 2 p.33 ~ p.51
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The systematic consistency of reasons for the medical professional disqualification based on the criminal judgment in the Korean Medical Law
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Lee Jin-Kuk
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Abstract
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In this study, the author deals with the normative discussion of the medical professional prohibition reason based on the criminal judgment according to § 8 Nr. 4 of the Korean Medical Law. According to § 8, Nr. 4 of the Korean Medical Law, doctors are not allowed to practice their profession until the sentence is canceled if they have been sentenced to early prison sentences or early confinement sentences because of the professional offenses provided for in medical laws and regulations. This type of reasons for disqualification is a basic form of medical profession, since the offenses are linked to professional criminal offenses, and otherwise the question of unconstitutionality due to professional freedom and the excessive prohibition can be raised.
On the other hand, the legislature has put the reason for the professional disqualification on the basis of a criminal judgment and the reason for revocation on an equal footing with the license to practice medicine, so that the reason for the professional disqualification cannot act as a barrier to the general public. Since a narrow categorization of the reason for prohibiting an occupation on the basis of a criminal judgment is not desirable, the reason for an occupation ban on the basis of a criminal judgment according to § 8 Nr. 4 of the Korean Medical Law should be extended to the sentence of early prison sentence or early confinement sentence so that one can gain the confidentiality of the medical profession.
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KEYWORD
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reasons for the medical professional disqualification, prohibition of professional practice, criminal judgment, revocation of license to practice, medical law
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