病院復帰を命令した政府、強制労働禁止の条項に違反?=韓国(記事と写真は無関係)
Did the government violate the clause prohibiting forced labor by ordering people to return to hospitals? = Korea
While the South Korean government is ordering doctors who have left the medical field to resume work and forcing them to return to work, claims have emerged that this falls under forced labor, which is prohibited by the International Labor Organization (ILO). however
, There are various opinions on this matter. ILO Convention No. 29 is a clause that commits ILO member countries to prohibit the use of forced labor in all possible forms.
. However, exceptions are made in the case of war or extremely serious situations that endanger the survival or safety of the entire population or part of the population.
On the 9th, according to the medical community, a meeting was held with specialized physicians regarding the exception clause of the ILO Convention No. 29.
The government's thinking is divided. The government recognizes the doctor's actions as an exception to the ban on forced labor, and has issued an administrative order encouraging the doctor to return to work. On the other hand, the medical community and specialized doctors
He insists that his work is merely a contract with a training hospital and that the situation is not serious enough to jeopardize the survival of others. Jeong Byung-wan, director of the Health and Medical Policy Office of the Ministry of Health and Welfare, gave a briefing on the 7th.
In response to some claims that there was a possibility of a violation of the ILO conventions, the company refuted the claim by saying, ``We believe that it falls within the scope of the ILO conventions.''
There are moves in the medical community to file a lawsuit with the ILO. Ulsan University Faculty of Medicine Professor Council
Although the emergency task force had previously considered filing an ILO lawsuit, it was discovered that the majoring physicians were preparing to file a lawsuit on their own, and the faculty council level of the lawsuit was suspended.
Interpretations in the legal world vary. Cho Jin-seok, a lawyer at Okimus, a law firm that provides legal advice to specialist doctors, said, ``The government's refusal to accept the resignation letters of specialist doctors is self-evident.
"This constitutes a type of 'forced labor,' and a violation of ILO Convention No. 29 is appropriate." Furthermore, ``The government's argument that the submission of resignation letters by major doctors is itself invalid has no legal basis;
This amounts to illegal forced labor." On the other hand, lawyer Shin Hyun-ho of Haeul, a medical law firm, said, ``Specialist doctors are nothing more than workers, and they are treated in the middle of a life-or-death situation.
If the case is not a minor one, the exception clause of ILO Convention No. 29 will not apply." Lawyer Shin said, ``According to the Labor Standards Act, it is acceptable to do so 30 days after a worker submits their letter of resignation, but
"Once the resignation has been processed, no one can be forced to work," he said. Since the specialized doctors themselves are not subject to forced labor, a lawsuit based on the clause prohibiting forced labor would not be successful.
That is.
2024/03/09 20:54 KST
Copyrights(C) Herald wowkorea.jp 83