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KMID : 0608520090150030019
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Korean Journal of Oriental Medicine
2009 Volume.15 No. 3 p.19 ~ p.28
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A Study on the Legal Aspect of the Concept for Medical Practice in Korean Medicine through Cases Analysis
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Lee Mee-Sun
Kwon Young-Kyu
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Abstract
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Objectives : The lawsuits associated with medical practice in Korean medicine are increasing gradually. However, the clear definition for medical practice in Korean medicine has not been existed in Korean law. Only we may understand the concept regulated by judicial precedents of the court of justice or the authoritative interpretation by the government.
Methods : For study, a database was established for medical lawsuits involving Korean medicine(1968∼2009, n=130).
Results : According to court rulings, the medical practice in Korean medicine is an act to diagnose a person’s illness, prescribe and treat to cure based on traditional Korean medicine, to be understood as a medical care, to have some factor to create or increase danger for the preservation of health or hygiene, and to be practiced by medical specialists based on their professional knowledge.
Conclusions : But, such definition is not proper and exceedingly vague. Besides medical circumstances Koreans Medicine are changing, and new precedent to the definition of the practice of medicine is establishing. Therefore the meaning and scope of the medical practice in Korean medicine should be modified and amended, reflecting these conditions.
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KEYWORD
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Medical Practice in Korean Medicine, Medical Law, Legislation
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