Successfully defended an injunction to prevent the government from enforcing a policy to increase a nationwide annual enrolment quota for medical schools

In May 2024Lee & Ko successfully represented the Ministry of Education(“MOE”) and the Ministry of Health and Welfare(“MOHW”), in the injunction case filed by professors and students of medical schools.

Faced with shortage of doctors, MOE and MOHW announced a policy to increase the annual enrolment quota for nationwide medical schools from 3,000 to 5,000 starting in 2025. In response to the government's policy, the medical students refused to attend classes and the doctors left the hospitals. In March 2024, Medical school professors and students applied for an injunction to prevent the government from enforcing the policy, arguing that the excessive increase in enrolment quota would seriously impede medical education. 

The trial court dismissed the case finding that the plaintiffs lacked standing to apply for the injunction in March 2024. However, the appellate court ordered the MOE and MOHW to submit evidence supporting the increase of the enrolment quota by 2,000. Given the significance of the matter, the MOE and MOHW retained Lee & Ko. Lee & Ko argued that the court should refuse to grant the injunction as the government sufficiently consulted with the medical community and the policy was essential for public welfare. In May 2024, after a thorough review of the records, the appellate court determined that the plaintiffs did have standing to file the lawsuit. However, the appellate court did not grant the injunction because granting the injunction would have a significant impact on public welfare.

The government's policy to increase the enrolment quota for medical schools was the most talked-about issue this year. As the decision acknowledges that the government's policy is essential for public welfare, it will assist the government in further pursuing its policy.