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KMID : 0986720140220010123
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Korean Journal of Medicine and Law
2014 Volume.22 No. 1 p.123 ~ p.143
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A study of Court precedents about concept and nested conditions of the West and East medical treatments
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Baek Kyoung-Hee
Chang Yeon-Hwa
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Abstract
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Under current law, West and East medical treatments are divided as a dualized system, but the domain of them is not clearly stated in any law. However, as advances of science and technology grow, lots of new various medical appliances and technologies appear. And the number of East-West medical combined treatment or the overlapping of the two cases is rapidly increasing. In this situation, there is a worsening controversy on what the unique domain of the two medical system is and the validity of this separation.
In this study, we examine the concept of "medical treatment" - the upper concept of West and East medical treatments - and its interpretational change on the basis of the Supreme Court and Constitutional Court precedents up to now. In addition, we analyze the concept and separation of the West and East medical treatments. Finally, we contemplate a valid method on adjusting the permitted range of the two medical treatments.
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KEYWORD
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medical treatments, West medical treatments, East medical treatments, medical devices, medical technology
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