By Lee Kyung-min
Not licensing dental school graduates who study and become certified overseas while only recognizing those who train in Korea is a violation of the right to equality, according to the Constitutional Court.
The court ruled Wednesday that the law on dental specialists is unconstitutional. It demanded that the National Assembly revise the law by the end of 2016. However, the law will remain effective until that time.
Under the law, those who take three-year resident courses and undertake internships at domestic medical institutions can become licensed dentists, while those who take equivalent courses at medical colleges overseas cannot. In other areas of specialization, such as surgery, overseas training is acknowledged.
“It may be right for those who complete training overseas to have experience and knowledge about Korea’s medical society through more training here,” the court said. “However, it is unreasonable to apply different standards about training between dentists and other specialists because all doctors should be equipped with professional knowledge in their respective fields, regardless of their area specialization. Or where they got trained.”
The court said that instead of four more years of training here, those who complete training in other countries can demonstrate their knowledge and skill through other procedures such as written tests. “Another four years of training here is too much, infringing on their freedom to carry out their work,” it said.
The ruling follows a petition by three people who took four-year training programs in the U.S. They filed the petition because the law does not recognize their training and they are currently banned from obtaining licenses.