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KMID : 1161820160010010043
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Journal of Natural Healing
2016 Volume.1 No. 1 p.43 ~ p.64
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Legal Review and Functional Limitation in the Complementary and Alternative Medicine(CAM)
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Park Sae-Rom
Lee Jae-Bum
Lim Dong-Ho
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Abstract
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This study was conducted in order to clarify the vague boundary between complementary and alternative therapy and medical practice, which has been controversial since the enactment of the Medical Service Act to the present. For this purpose, judicial cases were collected using Legal Information Services of the Court of Korea and LAWnB as search engines. In a total of 15 cases, we could find indirect provisions on medical practice, definition of illicit medical practice, and the positions of the Constitutional Court and the Supreme Court on complementary and alternative therapy. By the fact that provisions defining medical practice were not found in the Medical Service Act, however, it was reconfirmed that the boundary between medical practice and complementary and alternative therapy was not clear. According to conclusions drawn from the review of judicial cases in this study, a medical practice is an experience and function based on medical expertise and indicates an act for preventing or treating disease through examination, inspection, prescription, medication or surgical procedure. Some of such practices, if not carried out by medical professionals, are likely to pose a risk to health and hygiene. Illicit medical practice, which is non?medical practice, is a preventive or therapeutic act by one who is not a medical professional but has medical expertise and likely to harm people’s lives, bodies, or public health. In order for complementary and alternative therapies to be used freely from regulations under the Medical Service Act, there should be first scientific verification of such therapies and institutional measures (such as improvement of related laws and regulations) for regulating indiscreet practices causing social problems. Furthermore, if safety and efficiency are secured through scientific verification, more diverse complementary and alternative therapies will become available and contribute to the increase in the number of health care workers and the promotion of people’s health.
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KEYWORD
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Complementary and Alternative Medicine(CAM), Medical Care, Non-medical Care, Unlicensed Medical Practice, Medical Law
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