A resigned resident doctor who circulated a so-called "medical blacklist" naming physicians and medical students who refused to join collective action during Korea's doctor-government conflict has received a final suspended prison sentence. Under the Medical Service Act, which mandates license revocation for medical professionals given suspended prison sentences, the defendant will also lose his medical license.
According to legal sources on Wednesday, the Supreme Court's Third Division, with Justice Lee Sook-yeon as the presiding judge, on November 20 upheld a lower court ruling sentencing Ryu, 33, to two years in prison suspended for four years on charges including violation of the Stalking Punishment Act and defamation under the Information and Communications Network Act.
Ryu was indicted on charges of posting personal information of 2,974 doctors and medical students who continued working rather than joining the medical community's collective action, on overseas sites including Pastebin and Archive on 21 occasions between August and September 2024, when the doctor-government conflict was at its height.
In June last year, the first-instance court sentenced Ryu to three years in prison without suspension. The court ruled that "distributing victims' personal information to third parties via the information and communications network constitutes stalking behavior that instills fear in the victims."
The court added that "the defendant continued to direct crude criticism, malicious attacks, and threats at the victims," and pointed out that "the victims suffered severe psychological distress, including fear, social avoidance, and panic symptoms to the point of being unable to carry on with daily life."
However, in October last year, the appellate court reduced the sentence to two years in prison suspended for four years, taking into account that he had reached settlements with some victims. The court explained that while "conducting socially problematic 'coordinate marking' to pressure others makes severe punishment unavoidable," it also considered that "as a first-time offender, he acknowledges his wrongdoing and has made considerable efforts to obtain forgiveness from the victims."
The Supreme Court likewise dismissed the appeal, finding no misapplication of legal principles in the lower court's ruling.
With this final ruling, Ryu's medical license is expected to be revoked. Current medical law requires the revocation of licenses for medical professionals who receive suspended sentences of imprisonment or heavier. However, a reapplication for the license becomes possible three years after revocation.
Meanwhile, Ryu's side argued that the application of the Stalking Punishment Act was unjust and filed a request for a constitutional review of the law during the appeal process, but it was not accepted.
He subsequently filed a constitutional petition directly with the Constitutional Court, arguing, "Once a post is uploaded online, it remains until it is taken down—should that alone be considered as satisfying the continuity and repetition requirements of a stalking crime?" He further contended that "by failing to draft the law in a way that distinguishes traditional stalking from online stalking crimes, there is an aspect in which the scope of punishment is being indefinitely expanded."
