Gyeongsangnam-do Medical Association: "NHIS Special Judicial Police Act Is a Harmful Law That Heightens Abuse of Authority and Human Rights Violations"

As a bill granting special judicial police powers to employees of the National Health Insurance Service (NHIS) passed a subcommittee of the National Assembly’s Legislation and Judiciary Committee, the Gyeongsangnam-do Medical Association strongly protested and called for the bill to be scrapped.

On November 11, the first subcommittee of the National Assembly’s Legislation and Judiciary Committee approved eight bills to amend the Act on the Persons Who Perform the Duties of Judicial Police Officers and the Scope of Their Duties, led by the Democratic Party of Korea, while all People Power Party members were absent.

The amendments would grant NHIS employees the authority to investigate so-called “owner-operated hospitals” and pharmacies that illegally rent another person’s pharmacist license. The aim is to directly investigate illegal activities in which people who are not medical professionals or pharmacists borrow someone else’s name to establish and operate medical institutions or pharmacies.

Concerns were reportedly raised during the bill review that the NHIS could be granted excessive investigative powers and that it would be difficult to rule out the possibility of the agency abusing those powers.

The Gyeongsangnam-do Medical Association also said, “We express our deep anger and serious concern that the amendments passed while disregarding the urgent voices of those working in the medical field,” and “strongly urge the immediate suspension and scrapping of this legislative attempt.”

The association said, “We agree with the legislative aim of eradicating the illegal establishment of medical institutions and ensuring the soundness of National Health Insurance finances,” but added, “That objective cannot justify concentrating excessive authority in a particular institution.”

It criticized the bill, saying, “Granting investigative powers to the NHIS, which already occupies a position of authority and handles the review, payment, and recovery of National Health Insurance benefits, undermines the principles of the judicial system and heightens concerns about abuse of authority and human rights violations targeting medical institutions.”

It also said, “If this harmful amendment grants powers for compulsory investigations, including search and seizure, it is all too obvious that investigative authority will be turned into a means of recovering funds,” adding, “Medical institutions under investigation could be forced to respond simultaneously to the NHIS’s administrative decisions and exercise of investigative powers, creating a very real risk of undermining the legitimate right of medical institutions and medical professionals to defend themselves.”

The association predicted, “If special judicial police officers are introduced without adequate legal safeguards against abuse of investigative powers, the medical field will inevitably be driven toward defensive and limited care out of fear of coercive inquiries and investigations.”

It stressed, “The harm would not be limited to medical institutions; it could also adversely affect the public’s right to health, including the right to receive appropriate care,” adding, “It is absolutely unacceptable for the policy goal of eradicating illegal medical institutions to result in harm to the vast majority of law-abiding medical institutions and the public.”

It continued, “Determining whether a medical institution was illegally established requires more than simply applying the law; it calls for a comprehensive review of complex matters, including the structure of its establishment and operation, the professional roles of medical personnel, and the flow of funds,” and pointed out, “Experience conducting administrative inspections alone does not ensure the expertise and independence required for criminal investigations.”

The association added, “The NHIS must first present clear measures for ensuring the objectivity and fairness of investigations, given its position as a party with a direct interest in the payment and recovery of long-term care benefit costs.”

According to the Gyeongsangnam-do Medical Association, statistics from the Korean Medical Association show that the percentage of NHIS administrative investigations into owner-operated hospitals that were referred to prosecutors with a recommendation to indict was 12.7% in 2024 and 4.9% in 2025.

The association asked, “To effectively eradicate the establishment of illegal medical institutions, why introduce special judicial police officers instead of seeking cooperation and verification from medical associations from the initial establishment stage?” It added, “Why deny that expanding cooperation between local medical association expert review panels and the police when illegal activity is suspected would be far more effective?”

It further said, “We will respond forcefully to ensure that these amendments are scrapped in order to protect a proper environment for medical professionals to provide care and the public’s right to health,” and urged the National Assembly to “take the concerns of those working in the medical field seriously, halt efforts to enact the bill, and thoroughly reconsider its necessity and validity from the beginning.”

This content was produced with the assistance of AI translation services.