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KMID : 0986720180260010281
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Korean Journal of Medicine and Law
2018 Volume.26 No. 1 p.281 ~ p.306
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On the Scope of "Dental Treatment" under Korean Medical Act
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Kim Young-Shin
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Abstract
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On this thesis, a judgment of Korean Supreme Court(an “Object Decision”) is reviewed if dentist’s. From the precedent for this case, Korean Supreme Court(entire department of justice) announced that it is not prohibited Botox injections of a dentist for the esthetic purpose under the Korean Medical Act. Futhermore, Korean Supreme Court announced that it is also permitted and lawful dentist to irradiate Fraxel laser for skin care under the Korean Medical Act. From the precedent for this case, it is supposed that Korean Supreme Court permit Botox injections of a dentist for the esthetic purpose on the following grounds: First, there is no clear standard to distinguish “Medical Treatment” from “Dental Treatment” under the Korean Medical Act. It can be overlapped in certain cases. Second, “Oral and Maxillofacial Surgery”, that is sub-area on dentistry, covers education and treatment on whole face. There are education and evaluation in the course of training and license acquisition of dentist. Third, it is ?comparatively- easy and safe to operate facelift around or between eyes using Botox shot. More over, Korean Supreme Court decided that it is not illegal to irradiate Fraxel laser for skin care under the Korean Medical Act. On this thesis, author has opposite position to Supreme Court Decision; Dentist cannot perform all the medical treatment on whole face. There is no clear standard to distinguish “Medical Treatment” from “Dental Treatment” under the Korean Medical Act of course. But There IS classification between Medical Treatment” from “Dental Treatment”. On the contrary to the regulation “Dental” or “Oral”, it is not appropriate for dentist to treat whole face including Botox injection or Laser irradiation.
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KEYWORD
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Korean Medical Act, Dentist, Dental Treatment, Unlicensed Medical Treatment, Laser Procedure, Medical Pricedure on Maxillofacial region, plain language of statute
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