한국의 의학 전문직업성을 위협하는 의사 집단 사직과 휴진 금지 법안

초록

Purpose: This opinion argues that the proposed legislative amendment in Korea-prohibiting physicians' collective resignation and suspension of practice under criminal penalty-undermines medical professionalism, infringes on fundamental rights in a democratic society, and exacerbates the breakdown of the social contract between physicians and the government that has characterized recurrent physician-government conflict in Korea. Current concepts: Medical professionalism is grounded in a social contract balancing physician autonomy with responsibilities to patients and society. Although governments may regulate healthcare to protect public welfare, excessive state control risks undermining this balance. The proposed amendment extends beyond the provisions of the Medical Service Act, which already authorize work-resumption orders during collective practice suspension. While directly equating this bill with the Soviet Semashko model would be an overstatement, criminalizing individual resignation conceptually parallels the treatment of physicians as state-managed human resources rather than autonomous professionals. In East Asian healthcare systems, including Korea, where licensure authority is centralized, such punitive legislation risks constraining professional autonomy. In contrast, the United Kingdom, despite offering healthcare as a public entitlement, preserves physicians' rights to collective action through the British Medical Association. Discussion and conclusion: The proposed amendment should be withdrawn. Efforts to strengthen the public character of healthcare should not infringe physicians' fundamental rights. Rather than relying on coercive legislation, sustainable solutions require the establishment of independent medical regulatory bodies, improvements in working conditions for essential healthcare workers, and constructive dialogue between physicians and the government-approaches that uphold both professional autonomy and public accountability.

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