1. The summary of the facts charged in the instant case is that, even though a medical person was prohibited from performing any medical act other than those licensed, the Defendant, who was a private person in dental hospital run by himself on October 7, 201, provided a visual and chronological treatment with the eye and scarcity, and provided a medical act other than those licensed.

As to this, the lower court affirmed the first instance judgment convicting the Defendant on the ground that the medical practice for dental services under the Medical Service Act is limited to the part on the part of a baby, its surrounding organization and mouth, and that the Stockholm procedure in this case was conducted between the eye and the tail, and does not constitute the part on the part around and around the baby.

The key issue of the instant case is whether the “gymnas treatment using the Stockholm procedure” constitutes medical practice other than those licensed as dental doctors, and thus, is subject to punishment of violation of the Medical Service Act.

2. First, I examine the contents of the Medical Service Act concerning medical practice.

A. The Medical Service Act is established and implemented for the purpose of protecting and improving the health of the people by providing for matters necessary for national medical fees so that all citizens can benefit from high-quality medical care (Article 1). According to the Medical Service Act, medical personnel refer to a doctor, dentist, and oriental medical doctor, etc. who has obtained a license from the director of the health and welfare department (Article 2(1)); a doctor is to perform the duties of medical treatment and health guidance; a dentist is to perform the duties of dental treatment and dental health guidance; a oriental medical doctor is to perform the duties of dental treatment and dental health guidance; and a oriental medical doctor is to perform the duties of health guidance for oriental medicine and oriental medical treatment (Article 2(2)1, 2, and 3); a doctor, a dentist, or a oriental medical doctor is to obtain a license from the director of the health and welfare department (Article 5). In addition, a person, other than a medical personnel, is not able to perform medical practice and also a medical person is also licensed.