Police to Minimize Search-and-Seizure in Essential Healthcare Investigations... Mandate Prior Consultation with Emergency Rooms
Health and Welfare Minister, Acting National Police Agency Commissioner Meet
Search Warrants to Be Executed Only to the Minimum Necessary Extent
Police will limit searches and seizures in investigations of medical accidents in essential medical fields, including emergency rooms, and minimize the scope of warrant execution.
The Ministry of Health and Welfare said Minister Jeong Eunkyung and acting National Police Agency Commissioner Kim Jongcheol met at the Government Complex Seoul on the afternoon of November 3 to discuss the search and seizure at Ajou University Hospital's Pediatric Emergency Center.
According to the ministry, the National Police Agency agreed on the need to establish guidelines for investigating medical accidents in essential medical fields and will promptly apply the guidelines at investigation sites nationwide.
Under the guidelines, when police receive a 112 report of a death in an essential medical field, including an emergency room, they will consult with the facility manager before entering the site and, where possible, handle investigative work in areas unrelated to emergency care.
During investigations of medical accidents, police will secure evidence while taking into account measures needed to protect patient safety and continuity of care, including accommodating urgent treatment and minimizing the impact on medical equipment and systems.
Health and Welfare Minister Jeong Eunkyung and acting National Police Agency Commissioner Kim Jongcheol enter a conference room at the Government Complex Seoul in Jongno-gu, Seoul, on the 3rd to discuss guidelines on investigation procedures in essential medical care, among other matters. Yonhap News.
View original imageIn particular, under the Criminal Procedure Act, searches and seizures will be limited to cases where there are circumstances or evidence related to suspected crimes.
When conducting searches and seizures, police will prioritize using areas not used for patient care and consult in advance with administrative and IT staff. They will execute warrants only to the minimum extent necessary to achieve the purpose of the investigation.
They also agreed to strictly observe due process, including guaranteeing the right to participate, as well as the conditions for execution specified in the warrants.
The Ministry of Health and Welfare said, "These guidelines for investigating medical accidents in essential medical fields will be established based on the fundamental principles of protecting patient safety, minimizing the impact on continuity of care, and securing comprehensive evidence."
Minister Jeong said, "I hope the guidelines will help create an environment in which medical staff on the front lines can work without anxiety," adding, "We will continue to discuss and cooperate with the medical community and the National Police Agency."
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Acting Commissioner Kim said, "I express my deep respect for medical staff who dedicate themselves to protecting people's lives," adding, "The police have carefully conducted investigations while respecting the expertise and unique circumstances of medical settings, and these guidelines will make that principle even clearer."
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