의료법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the instant written treatment by the Defendant based on the Ganchologology and the main science of the instant written treatment is conducted by inserting hymanic acid, which is a biochemical material, using an injection device, in accordance with the Medical Treatment Act, and accordingly constitutes an oriental medicine practice included in the scope of license of an oriental medicine doctor. However, the lower court erred by misapprehending the legal doctrine on oriental medicine treatment, thereby convicting the Defendant of the facts charged in the instant case.
2. Determination
A. Article 2(2)1 of the Medical Service Act provides that “A doctor’s duty is to provide medical treatment and guidance for health,” and Article 2(2)3 of the same Act provides that “a doctor shall provide oriental medical treatment and guidance for health, only for oriental medical treatment,” and that “no person, other than a medical person, shall provide medical treatment and any medical person, shall provide any medical treatment other than those licensed.” In addition, Article 27(1) of the same Act provides that “no person, other than a medical person, shall provide medical treatment,” but does not provide for “medical treatment” or “her oriental medical treatment” in relation to the scope of license for a doctor or oriental medical doctor. However, in determining whether a specific act constitutes an oriental medical treatment act, it shall be determined in light of social norms by considering the specific case’s purpose, specific medical treatment-related provisions, specific purpose and form of medical treatment, etc. In conclusion, whether a certain medical treatment constitutes only a medical practice for which a doctor can provide or only oriental medical doctors may provide medical treatment should be determined based on academic principles.
B. We examine whether the instant scopic procedure constitutes an oriental medical practice, as alleged by the Defendant, whether the instant scopic procedure constitutes an oriental medical practice in accordance with the oriental medical principle.
According to the evidence duly adopted and examined by the court below, the defendant 1 is available for once.