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(영문) 대법원 2018.06.19 2017도19422

의료법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. A. Article 27(1) of the Medical Service Act strictly prohibits unlicensed medical practice by allowing medical personnel to perform only medical practice, and allowing medical personnel to perform only licensed medical practice.

Here, the term "medical practice" means the act of preventing or treating diseases caused by diagnosis, autopsy, prescription, medication, or outpatient treatment with the experience and function based on medical expertise, and other acts that are likely to cause harm to health unless performed by medical personnel.

“The possibility of causing harm to health and hygiene if the medical personnel do not perform” is sufficient to be abstractly dangerous, and thus, the patient did not have any danger in detail.

Meanwhile, it cannot be said that there is no harm to health and sanitation (see Supreme Court Decision 2010Do5964, May 10, 2012). B. Article 1, 2, and 3 of the Medical Technicians, etc. Act and Article 2 of the Enforcement Decree of the Medical Technicians, etc. Act (hereinafter “Enforcement Decree of the Medical Technicians Act”) of the Act on the Medical Technicians, etc. (hereinafter “Medical Technicians, etc.”) permits a person holding a license for medical technicians to perform duties in a specific field prescribed in Article 2(1) of the Enforcement Decree of the Medical Technicians Act among medical practices according to the direction of a doctor or a dentist.

In principle, only a medical person can perform medical practice, but it has the ability to obtain knowledge and experience of risks, etc. that may cause harm to human life, body, or public health in a specific field among medical practice, to confirm the reaction of the human body caused by the medical practice in question, determine whether it is abnormal, and cope with the situation.

. A recognized person.