The Korea Medical Association (KMA) filed a constitutional petition, claiming that the Ministry of National Defense's revised directive classifying resigning residents as 'currently unselected for active duty' and placing them on standby for military enlistment is unconstitutional.
KMA policy director Kim Min-soo said during a briefing at the KMA building in Yongsan, Seoul, on the 10th, "The revised directive clearly violates the constitutional rights to seek happiness under Article 10, the right to equality under Article 11, and the freedom to choose a profession under Article 15, and it is evident that it is unconstitutional," adding, "The residents classified as currently unselected for active duty this year filed a constitutional petition against the revised directive at 2 p.m. today."
Residents who had not been selected for military service have served as public health doctors (public health personnel). However, last year, as residents resigned, a group that had to enlist for four years became enlistment candidates all at once. In response, the Ministry of National Defense revised the directive on 'the selection and enlistment of compulsory and veterinary officers' in February, classifying those not selected as military doctors or public health personnel as currently unselected for active duty and placing them on standby for enlistment.
Attorney Kang Myung-hoon from the law firm Ha Jeong, representing the petition, stated, "There are no reasonable criteria for why some people should be selected for active duty now while others must wait, which can be seen as a violation of the right to equality," and added, "Because no one will hire someone who doesn't know when they might close their practice or when they might go to the military, the freedom to choose a profession is also infringed, which broadly violates the right to seek happiness."
Director Kim noted, "When and how citizens fulfill their military obligations is a significant issue in individual lives, and due process must be guaranteed. However, this revision of the directive was conducted completely excluding the voices of residents and the medical community," adding, "While the Ministry of National Defense claims to regulate excessive personnel, those resigning residents have become unable to predict their enlistment timing, which makes training, employment, and opening practices difficult due to discrepancies from the previously submitted service applications."
Separately, the resigning residents also filed an administrative lawsuit with the court that morning, requesting the cancellation of the directive. Attorney Kang explained, "If the classification as currently unselected for active duty is canceled, whether they will be assigned to supplementary military service afterward is an issue the government and the KMA must negotiate."
Director Kim urged, "At the discussion table, we must talk about policies aimed at creating a proper medical environment, but the government continues to want to 'execute transactions' regarding the resident military issue or the expulsion of medical students," and stated, "This matter should be handled separately from medical policy."