Following the government's Monday announcement that it will not impose administrative penalties on resigned trainee doctors if they return to work, trainee physicians and medical school students plan to sue President Yoon Suk Yeol, along with other ministers and vice ministers, for 100 billion won ($72.8 million) in damages.

Lawyer Lee Byung-chul at law firm Chan-Jong, representing the medical community, said in a statement, “We are proceeding with the damages claim because legal risks such as administrative penalties and criminal penalties have been eliminated.”

According to Lee, about 10,000 trainee physicians, 18,000 medical students, 12,000 medical professors, and 140,000 doctors belonging to the Korean Medical Association are suing President Yoon, Prime Minister Han Duck-soo, the ministers and vice ministers of health, welfare and education, and Kyungpook National University President Hong Won-hwa for damages worth 100 billion won under the State Compensation Act. The amount of the lawsuit is based on a figure of 10 million won, which is equivalent to three to four months' salary per trainee doctor. 

“Since the health minister withdrew the return-to-work order, the order has lost its effectiveness,” Lee said, “Therefore, the requirement of violating the order cannot be established, so administrative or criminal penalties cannot be imposed.”

Lee went on to say that when Health Minister Cho Kyoo-hong said the administrative penalties would be stopped if trainee doctors returned to work, and that administrative penalties could be imposed if they did not return, “he committed illegal acts and committed criminal acts amounting to the crime of obstruction of the exercise of authority.” 

"We are filing a lawsuit for damages now that the legal risks of administrative and criminal penalties have been eliminated," he added.