Resident Doctor Found Guilty for Distributing Medical Blacklist

A resident doctor has been found guilty by the Supreme Court for distributing a so-called "medical blacklist" that revealed the personal information of doctors and medical students who did not participate in collective actions during a conflict between the medical community and the government. As a result, the doctor is set to lose their medical license under the law.

On June 3, legal sources reported that the Supreme Court's third division, led by Justice Lee Suk-yeon, upheld a lower court's sentence of two years in prison with four years of probation for 33-year-old Ryu, who was charged with violating the Stalking Punishment Act and the Information and Communications Network Act (defamation).

Ryu was accused of posting the names of 2,974 individuals, including doctors, medical students, and hospital staff who did not participate in collective actions from August to September 2024, on foreign websites. He reportedly uploaded this information a total of 21 times on sites such as "Pastebin" and "Archive."

The list, referred to as the "medical blacklist" within the medical community, included names and affiliations of those who either did not join the collective actions or returned to work.

During the trial, a key issue was whether posting the list online constituted stalking. Ryu's defense argued that the posts were merely expressions directed at an unspecified audience and did not meet the criteria for persistent and repeated harassment as defined by the Stalking Punishment Act.

However, the first trial court rejected this argument. The Seoul Central District Court's Criminal Division 31 stated in June of last year that Ryu's actions caused fear and anxiety among the victims by distributing personal information via the internet to third parties.

The court noted, "The defendant defamed the victims and engaged in blatant criticism, malicious attacks, and threats. The victims experienced severe mental distress, including fear of social interactions and concerns for their families' safety, leading to panic and avoidance of public spaces."

The appellate court also upheld the guilty verdict. The Seoul High Court's Criminal Division 8 stated in October of the same year that Ryu's actions constituted a socially problematic form of "doxxing" aimed at pressuring others, warranting strict punishment. However, considering that Ryu was a first-time offender, acknowledged his wrongdoing, and reached settlements with some victims, his sentence was reduced to two years in prison with four years of probation.

The Supreme Court also found no errors in the lower court's legal reasoning and dismissed Ryu's appeal.

With this final ruling, Ryu is now subject to medical license revocation under the medical law. Current regulations stipulate that medical professionals who receive a prison sentence of more than one year with probation are subject to license cancellation, and they can apply for reinstatement three years after the cancellation date.

Meanwhile, Ryu's legal team requested a constitutional review of the stalking law provisions applied to him, arguing they violated the principle of clarity, but this request was denied. It has been reported that Ryu has recently filed a constitutional petition with the Constitutional Court.