Medical Association "Replication of Staff of the Review & Assessment Service requesting the submission of photos of important parts of female patients"
Aug 13, 2024
The Korean Medical Association (Chairman Lim Hyun-taek) announced on the 13th that it has accused employees of the Health Insurance Review and Assessment Service (hereinafter referred to as the Simpyeongwon) of obstructing and forcing the exercise of the right to abuse their authority to the head of an obstetrician clinic in Gangnam-gu, Seoul (hereinafter referred to as the victim) who requested the submission of photos of female patients with vulva.
According to the victim's report, employees of the Seoul headquarters of the Simpyeongwon asked the victim in July for preoperative biopsy results of female patients who had a benign tumor removal of the vulva, and asked them to submit photos before and after surgery (hereinafter referred to as affected photos) of sensitive body parts.
Regarding the act, the Medical Association said that "in the case of affected photos, personal information sensitive to patients may result in criminal punishment for violating the medical law if the victim submits the affected photos, so the request for submitting affected photos is an illegal and unfair act. The defendants, employees of the Board of Appeals, exercised their authority illegally and unfairly in matters that fall under the general authority of their duties", he pointed out.
Article 123 of the Criminal Code stipulates that a public official who abuses his/her authority to do work without obligation or interferes with the exercise of a person's rights shall be sentenced to up to five years in prison, suspended for up to 10 years, or fined up to 10 million won. Article 324 (1) of the Criminal Code stipulates that a person who interferes with the exercise of a person's rights or does something without obligation through assault or intimidation shall be sentenced to up to five years in prison or fined up to 30 million won. In addition, according to Article 21 (2) of the Medical Service Act, medical personnel shall not allow anyone other than the patient to read the records of the patient or to verify the contents, such as giving a copy of it, and violations will result in imprisonment for up to three years or a fine of up to 30 million won (Article 88 of the same Act).
While proceeding with the complaint, the Korea Medical Association said, `The indiscriminate and unreasonable investigation of the Korea Appraisal Board requesting photos of sensitive body parts without the patient's consent constitutes a clear act of exceeding authority, and the Korea Appraisal Board's unreasonable demand for explanation, such as forcing the submission of excessive screening data, will eventually lead to a contraction of essential medical care such as obstetrics and gynecology.'
In addition, "In the future, we will prevent disadvantages caused by similar problems, such as identifying related cases and preparing fundamental measures, and create an environment in which members who continue to practice medicine in difficult environments can focus only on medical treatment."
According to the victim's report, employees of the Seoul headquarters of the Simpyeongwon asked the victim in July for preoperative biopsy results of female patients who had a benign tumor removal of the vulva, and asked them to submit photos before and after surgery (hereinafter referred to as affected photos) of sensitive body parts.
Regarding the act, the Medical Association said that "in the case of affected photos, personal information sensitive to patients may result in criminal punishment for violating the medical law if the victim submits the affected photos, so the request for submitting affected photos is an illegal and unfair act. The defendants, employees of the Board of Appeals, exercised their authority illegally and unfairly in matters that fall under the general authority of their duties", he pointed out.
Article 123 of the Criminal Code stipulates that a public official who abuses his/her authority to do work without obligation or interferes with the exercise of a person's rights shall be sentenced to up to five years in prison, suspended for up to 10 years, or fined up to 10 million won. Article 324 (1) of the Criminal Code stipulates that a person who interferes with the exercise of a person's rights or does something without obligation through assault or intimidation shall be sentenced to up to five years in prison or fined up to 30 million won. In addition, according to Article 21 (2) of the Medical Service Act, medical personnel shall not allow anyone other than the patient to read the records of the patient or to verify the contents, such as giving a copy of it, and violations will result in imprisonment for up to three years or a fine of up to 30 million won (Article 88 of the same Act).
While proceeding with the complaint, the Korea Medical Association said, `The indiscriminate and unreasonable investigation of the Korea Appraisal Board requesting photos of sensitive body parts without the patient's consent constitutes a clear act of exceeding authority, and the Korea Appraisal Board's unreasonable demand for explanation, such as forcing the submission of excessive screening data, will eventually lead to a contraction of essential medical care such as obstetrics and gynecology.'
In addition, "In the future, we will prevent disadvantages caused by similar problems, such as identifying related cases and preparing fundamental measures, and create an environment in which members who continue to practice medicine in difficult environments can focus only on medical treatment."
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