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KMID : 1234820140150010059
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Korean Society of Law and Medicine
2014 Volume.15 No. 1 p.59 ~ p.80
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Study on Judical Precedents related with Traditional Medical Doctor’s Using Medical Devices
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Kwak Sook-Young
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Abstract
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The Medical Affairs Law regulates that Medical Doctor and Korean Medical Doctor(KMD) can practice in the boundary of each licence. But there is no clear provision to explain what practice in the boundary of MD’s permitted region and what is KMD’s. Moreover practice over the boundary of licence could be punished as a violation of the Law. KMD’s use of medical devices have been objects of legal conflicts in the field. Because there is no clear provision in the Law, judical precedents have played the role as practical and final regulations. In this study, analyses on some judical precedents could show some rationales whether an issued KMD’s use of medical devices is in the boundary of license. The courts considered the theories based on the practice, the level of required specialty and education, and the probability of danger to a patient. The judical precedents should be reviewed more precisely in the respects that it is adaptable in “the written law system”and it is desirable to divide boundaries between MD’s and KMD’s.
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KEYWORD
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Medical Affairs Law, Boundary of permitted medical practice, Korean Medical Practice, Medical devices, Clearness
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