A. The Act on Medical Technicians, etc. and the Enforcement Decree of the said Act provide that medical technicians may conduct a second-wave test under the direction of a medical doctor.

Even if the above provisions do not exclude the doctor from performing the primary test as part of medical practice, so if the defendant, who is a medical doctor, instructed a nurse to conduct the primary test, it is not a violation of the Medical Technicians Act.

Nevertheless, the court below found the defendant guilty of the facts charged in this case on the premise that the "specific guidance and supervision" is necessary in conducting an ultra-wave inspection by ordering a doctor to guide and supervise an assistant nurse, and on the ground that there was no specific guidance and supervision. The court below erred by misapprehending the legal principles

(b) Even if it is necessary to guide and supervise household affairs, it is difficult to deem that the Defendant did not have specific guidance and supervision in this case without reasonable doubt.

2. Determination

A. The Medical Technicians, etc. Act has a medical engineer system and allows the medical professionals to perform part of the medical practice within the limited scope, among the medical practice limited to the medical professionals, to allow the medical professionals to perform part of the medical practice. As to the specific part of the medical practice limited to the scope of medical personnel, which is less likely to cause harm to human life, body, or public health, the pertinent act should be deemed to have obtained knowledge and experience in the risk, etc. that may cause harm to human life, body, or public health, and granted a license to a person recognized as having the ability to confirm, judge whether there is any danger or not caused by the relevant medical practice in the specific field, and to have the person allowed to perform

(see, e.g., Supreme Court Decision 2009Do794, Jun. 11, 2009).