Antitrust authority investigates doctors’ association over allegations of forced strike

The Fair Trade Commission (FTC) launched an investigation into the Korean Medical Association (KMA) on Wednesday, accusing it of forcing doctors to close their practices and participate in a strike the previous day.

After receiving a report from the Ministry of Health on Monday, the Antitrust Authority launched an investigation into allegations that the KMA – the country’s largest doctors’ association – had unduly interfered in the professional rights of established doctors by forcing them to participate in the one-day strike on Tuesday.

FTC investigators were dispatched to the KMA headquarters in Yongsan, central Seoul, to collect documents and materials related to the rally.

On Tuesday, more than 12,000 doctors attended a rally in Seoul organized by the KMA. The Health Ministry reported that 5,379 clinics run by community doctors closed their doors that day and referred the case to the FTC.

The KMA can be penalized for violating the Monopolies Act and the Fair Trade Act if the FTC notes that the Association has directly or indirectly induced the doctors to go on strike.

The law prohibits representative bodies from restricting the business activities of their members.

The competition authority invoked the same provision in 2000 and 2014 when it tried to Prevent doctors from striking.

In 2000, a dispute arose over doctors’ prescription rights, in which the KMA protested five times. The FTC subsequently ruled that such actions violated the Fair Trade Act.

Despite an appeal by the KMA, the Supreme Court upheld the FTC’s correction order after it was discovered that the KMA had asked reluctant members to declare their refusal to strike in writing.

In 2014, the FTC issued a remedial order and fined KMA when the organization voted to close clinics in protest against the introduction of telemedicine services.

Following an appeal by the KMA, the Supreme Court sided with the doctors and declared that the closure of the clinics was an “autonomous decision of each individual doctor” and not a coercive measure.

An FTC official said authorities would “respond vigorously to violations of the law” but declined to comment further on the ongoing investigation.

Doctors protested on the streets of western Seoul on Tuesday against the government’s health care reform. (YONHAP)

On Wednesday, a day after thousands of doctors took to the streets to protest the country’s health care reform, a rift appeared to be opening up in the medical community.

The KMA said it would set up a committee on Thursday comprising doctors at all levels, including medical professors, general practitioners and junior doctors.

However, Park Dan, chairman of the Korean Intern Resident Association (KIRA), said on Wednesday that he would not attend the committee and declined the KMA’s invitation.

KIRA is the interest group for junior doctors.

In a Facebook post, Park also called on Lim Hyun-taek, president of the KMA, to act more “discreetly.” He also accused Lim of “unilaterally declaring an indefinite strike without consulting his colleagues.”

At the rally, Lim announced that the doctors would go on an indefinite strike starting June 27.

Lee Dong-wook, chairman of the Gyeonggi-do Medical Association, which represents independent doctors in Gyeonggi, issued a statement complaining that neither Lim nor the KMA leadership had informed him of the impending strike.

“Sixteen doctors who lead regional medical groups, including myself, had never heard of the indefinite strike before Lim spoke at the protest site,” Lee said. He also apologized for confusing doctors in Gyeonggi with Lim’s “sudden” announcement.

He also said that Lim’s “undemocratic” decision-making was worrying doctors. He also implored Lim to remember that his colleagues are “colleagues with whom you can communicate” and not “pawns on a chessboard.”

BY LEE SOO-JUNG ([email protected])