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KMID : 0986720210290020007
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Korean Journal of Medicine and Law
2021 Volume.29 No. 2 p.7 ~ p.26
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Changes in reasons for disqualification and revocation of medical practitioner licenses and tasks for revision
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Park Hyoung-Wook
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Abstract
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The Constitutional Court judged that a wide range of legislative discretion was recognized for legislators in constructing the professional qualification system. Therefore, it is important to secure the rationality of legislative discretion in the revision of the grounds for disqualification of medical personnel licenses. In this regard, the grounds for disqualification and revocation of medical personnel licenses have been reviewed and how they have changed according to the changes of the times. In addition, the difference in legislative discretion was identified by comparing the grounds for disqualification and revocation of health care professionals. Most of the changes in the grounds for disqualification and revocation were due to the revision of the Medical Service Act, but The definition of the scope of the mentally ill was changed in other law, and as a result, the grounds for disqualification and revocation were changed. Also, the grounds for disqualification and revocation of licenses differed according to the characteristics of professional qualifications. For all health care professionals, sentencing with imprisonment without prison labor or heavier punishment for violating medical-related laws is stipulated as a ground for disqualification. However, the scope of medical related laws was different. There were common and individual grounds for revoking the health care professionals’ license. Common reasons for license revocation need to be managed in an equitable manner as a whole for all health care professionals.
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KEYWORD
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medical service act, medical personnel, license, disqualification, revocation
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