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KMID : 0986720220300010007
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Korean Journal of Medicine and Law
2022 Volume.30 No. 1 p.7 ~ p.24
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The interpretation of § 5 of the Act on Special Measures for the Control of Public Health Crimes with regard to the practice of medicine without license
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Lee Jin-Kuk
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Abstract
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According to the established case law of the Korean Supreme Court, the criminal offenses should be interpreted strictly narrowly. Excessive extension of the scope of a criminal provision and analogy to the detriment of the perpetrator will contradict the principle of legality in criminal law. This fundamental legal principle shall be based on the interpretation of § 5 of the Act on Special Measures for the Control of Public Health Crimes, which in particular qualifies the practice of medicine practice without license as punishable in relation to its offense in the Korean Medical Law.
The facts of § 5 of this law are generally to be applied to the situation in which a person who does not have an license has personally carried out an act of practice of medicine with the purpose of acquiring an advantage. On the other hand, the careful interpretation and application of § 5 of this law is required if the nurse has performed part of the doctor's task by means of routine support in favor of the doctor.
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KEYWORD
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practice of medicine without license, Act on Special Measures for the Control of Public Health Crimes, doctor, nurse, punishment
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