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KMID : 1234820230240010131
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Korean Society of Law and Medicine
2023 Volume.24 No. 1 p.131 ~ p.155
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New Standards for Determining Unlicensed Practice of Korean Medicine Doctors -Focusing on the Supreme Court’s Decision No. 2016do21314-
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Choi Hyug-Yong
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Abstract
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Medical act divides unlicensed medical practice into medical practice by non-medical practitioners and unlicensed practice by medical practitioners. In the past, it was a common approach to strictly distinguish between western and Korean medicine, but the Supreme Court's Decision of December 22, 2016, Do. 21314, provided a new direction regarding the criteria for determining whether a Korean medicine practitioner is acting outside license. This paper analyzes the new criteria in detail, examines the significance of the new criteria, and explores its impact on the dualistic medical system. The difference between the new criteria and the previous criteria in the precedents is that the judgment is not based on the connection between Korean medicine principles and Western medicine principles. It is an advanced standard that actively accepts the overlap and variability of medical practice, moving away from dichotomous thinking that exclusively distinguishes between Korean medicine and Western medicine.
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KEYWORD
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Physician, Korean medicine, Medical device, Ultrasound, Unlicensed medical practice
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FullTexts / Linksout information
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Listed journal information
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