An appellate court in Seoul dismissed the appeal filed by doctors to “halt the government’s plan to increase the medical school admissions quota” on May 16. This decision effectively enables the Yoon Suk Yeol government to continue its medical reforms by expanding medical school enrollment by up to 1,509 students next year.
The Seoul High Court ruled that even though medical students may face irreparable harm, including violation of their right to learn, due to the medical school quota expansion, “suspending the enforcement of this expansion may cause significant disruption to the increase in medical school capacity, which is an essential prerequisite for the restoration of essential and local medical care.”
“It is necessary to uphold healthcare reforms, as it is a public welfare initiative, through medical school expansion, even if it means compromising some of the medical students’ right to learn,” the court added. Regarding the enrollment expansion target of 2,000 students, the court noted that while the “basis for the figure is somewhat weak,” the government’s policy was “procedurally justified and rationalized” and that “it is difficult to see any obvious procedural or substantive flaws.”
The court further determined that “the government is only obliged to ‘consult’ with the medical association, not necessarily required to reach an ‘agreement’ with them.” The court also expressed concerns about the doctors’ strike, stating, “It is not an adequate way to solve the problem.” The court rejected the injunction, ruling that professors and resident doctors who filed the appeal were not directly affected by the medical school expansion and were not eligible to file the lawsuit.
The government welcomed the court’s decision. “With the court’s decision, the nation has overcome one of the major obstacles to healthcare reform,” said Prime Minister Han Duck-soo. The government plans to announce next year’s entrance examination plan, which includes increasing the number of medical school seats, by the end of the month.
Lee Byung-chul, the lawyer representing the medical community, said the plaintiffs will appeal to the Supreme Court, the nation’s top judiciary body.
“Even if the Supreme Court acts quickly, it will take one to two months to reach a decision - the case will not likely be concluded before the recruitment guidelines are announced by the end of this month,” said a legal insider. The Korea Alliance of Patients Organization said, “We hope the court’s decision will lead to swift measures to normalize medical care.”
