|
KMID : 0986720220300020051
|
|
Korean Journal of Medicine and Law
2022 Volume.30 No. 2 p.51 ~ p.77
|
|
|
Practical Problems and Realistic Solutions related to Unlicensed Medical Practice
|
|
Lee Chae-Hoon
|
|
|
Abstract
|
|
|
In criminal law, Blackstone's ratio is the idea that “It is better that ten guilty persons escape than that one innocent suffer.”. Someone could be an Unjust sinner due to problems with laws and systems, or misunderstandings of arbitrarily set terms. The prohibition of unlicensed medical practices under the Medical Service Act plays an important role in protecting the health of the people. However, there is a risk of making people sinners by uniformly banning and punishing even low-risk acts on a subjective basis.
Regarding the prohibition of unlicensed medical practices, many people are bound to argue that issues that have been virtually established in light of existing precedents, for example, they argue that the provisions of the law prohibiting unlicensed medical practices is violating the principle of clarity. However, this is not a valid argument for practical problem solving. For those on the verge of punishment, it is necessary to follow realistic measures to avoid unfair punishment apart from the hope that the position of precedents that have been maintained for decades will change and the law will change.
This article examines practical problems related to unlicensed medical practices in Korea and suggests solutions to realistically solve them. It clearly and professionally explains the current situation that unclear legal judgment criteria and preconceived notions of terminology penalize the people against equity and balance, and practical ways to reduce the harshness of punishment.
|
|
|
KEYWORD
|
|
|
unlicensed medical practice, alternative medicine, medical law, skin beautician, massage
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|
|