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KMID : 1234820230240030125
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Korean Society of Law and Medicine
2023 Volume.24 No. 3 p.125 ~ p.153
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Meaning of “an auxiliary method of diagnosis” in the judgment of unlicensed medical practice by Korean medical doctors －Supreme Court Decision 2016Du51405 on August 18, 2023－
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Choi Hyug-Yong
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Abstract
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The Supreme Court’s en banc decision on December 12, 2022 (docket number 2016Do21314) presented a new standard for determining whether the use of diagnostic medical devices by Korean medical doctors constitutes oriental medical doctors constitutes unlicensed medical practice.
Based on this standard, it was determined that the use of ultrasound by Korean medical doctors was not an unlicensed medical practice.
Supreme Court’s Decision 2016Du51405 on August 18, 2023, is the first case in which a new standard was applied to determine that an Korean medical doctor’s use of electroencephalography to diagnose Parkinson’s disease and dementia was not an unlicensed medical practice.
The Supreme Court abolished the previous standard that Western medical knowledge and technology should not be required for Korean medical doctors to use medical devices.
However, it was unclear whether Western medical diagnosis of Korean medical doctors using diagnostic medical devices would be viewed as an an auxiliary method of diagnosis.
Parkinson’s disease and dementia are Western medical diagnoses.
The Supreme Court judged that the Western medical diagnosis of Korean medical doctors was not an unlicensed medical practice.
This clearly explains what an auxiliary method of diagnosis means.
In addition, the Supreme Court excluded the principles of development and production of electroencephalography from its judgment criteria. Automatic extraction and automatic reading of test results were also excluded.
The criminal court’s view that the meaning of oriental medical practice should be clearly and strictly interpreted from the perspective of an oriental doctor, and it was clarified that diagnostic medical devices were excluded from criminal punishment unless it was clear that they were not related to the principle of oriental medical practice.
As a result, the Supreme Court made it clear that the use of diagnostic medical devices is excluded from criminal punishment unless it is clear that they are not related to the principles of Korean medicine.
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KEYWORD
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Electroencephalograph, Korean medical doctor, Medical device, Medical practice, Unlicensed medical practice
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Listed journal information
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