A doctor who refused emergency treatment on a 4-year-old child has been fined by the Ulsan District Court.
On October 27, Judge Kim Eon Ji sentenced Dr. A (age 34), who was charged with violating the Emergency Medical Services Act, to a fine of 5 million KRW (approx. 3,505 USD).
The court particularly highlighted the critical issue of just five minutes—the time a 119 ambulance carrying 4-year-old Kim Dong Hee had to reroute to another hospital just before reaching Yangsan Busan National University Hospital.
In the early hours of October 2019, the ambulance carrying the unconscious child headed to the nearest hospital, Yangsan Busan National University Hospital—the same hospital where Kim had undergone a tonsillectomy just two weeks earlier.
However, the on-duty pediatric ER doctor, Dr. A, effectively refused treatment, stating that “there is already an emergency patient receiving CPR.” As a result, the ambulance had no choice but to travel 20 km to another hospital in Busan.
Investigations later revealed that this refusal was unjustified. At the time, the ER at Yangsan Busan National University Hospital did not have any patients in critical condition that would justify avoiding Kim’s treatment.
The tragedy began even before the ER refusal
Dr. B (age 41), who performed Kim’s tonsillectomy, had to cauterize the surgical site extensively when post-operative bleeding occurred. Despite this, Kim was discharged like a regular patient, and the medical records did not properly reflect the procedure.
In explaining the sentencing, the court noted, "Without justifiable reason, the defendant avoided an emergency medical request, causing the patient in cardiac arrest to miss the opportunity for timely emergency care just five minutes before arriving at Yangsan Busan National University Hospital."
The court also acknowledged that the ER was overcrowded at the time, which significantly increased the workload for staff. In emergency care, five minutes is a crucial time that can determine the life or death of a patient. For a patient in cardiac arrest, each passing minute decreases the survival rate by 7–10%. For Kim, those five minutes likely represented his last chance.
Court fines doctor 5 million KRW for refusing emergency care, while hospital faces 10 million KRW penalty
The court fined Dr. A 5 million KRW for violating the Emergency Medical Services Act. Doctors B and C, who failed to properly document medical records, were also fined 5 million KRW each.
Busan National University Hospital was fined 10 million KRW (approx. 7,011 USD) for negligent management of medical staff.
However, the court acquitted the medical staff of criminal charges for professional negligence resulting in death, stating, "Although the defendants made errors in their duties, a direct causal link between their actions and the child’s death cannot be clearly established."
Kim’s mother, who attended the trial, said, "I cannot accept that the court found them guilty of falsifying medical records and acknowledged their negligence, yet ruled that their actions did not cause my son’s death. I believe the prosecution will appeal, and I hope the appellate court delivers proper justice."
Kim never regained consciousness and passed away in March 2020 after prolonged life support. The five minutes lost due to the ER refusal led to five months of treatment struggles and ultimately cost his life.
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