B. Violation of the Framework Act on Qualifications

2. A. B

3. (a) C

I, J) (For the Defendants)

Law Firm K (Attorney L) (Defendant A)

1. As to the grounds of appeal Nos. 1 and 2, medical practice means the act of preventing or treating a disease caused by the conduct of medical treatment, autopsy, prescription, medication, or surgical treatment as a result of experience and function based on medical expertise, and other act that may cause harm to public health if performed by medical personnel (see Supreme Court Decision 2004

10. 28. Article 5 of the Act on Special Measures for the Control of Public Health Crimes (hereinafter "Public Health Crimes Control Act") and Article 5 of the Act on Special Measures for the Control of Public Health Crimes refers to the purpose of obtaining wide economic benefits, and there is no need for a person who conducts non-licensed medical practice to be identical with the person to whom such economic benefits accrue or the person to whom such economic benefits accrue (see Supreme Court Decision 98Do2481, Mar. 26, 199, etc.).

The court below affirmed the judgment of the first instance that found the Defendants guilty of violating the Health Crimes Control Act (negative) among the facts charged in this case, on the following grounds: (a) the Defendants provided education on bedclothes to many unspecified students; (b) caused students to have a part of the students flick or have a part of the students flick down with the body of their or others; and (c) provided a part of the students 65 years old or older; and (b) on the grounds as stated in its reasoning, the above flick surgery constitutes medical practice; and (c) the Defendants received tuition fees or tuition fees, etc. in relation to the above surgery from the students.

Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court’s aforementioned determination is justifiable on the basis of the legal doctrine as seen earlier, and contrary to the allegation in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding the principle of prohibition of analogical interpretation and the “for-profit purposes” as stipulated in Article 5

2. Regarding ground of appeal No. 3

"Acts which do not violate social norms" under Article 20 of the Criminal Act refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms in its hinterland. Whether certain acts constitute legitimate acts that do not violate social norms and thus, the illegality of a certain act is excluded should be determined individually and reasonably under specific circumstances. Thus, in order to recognize such legitimate acts, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the act (see Supreme Court Decision 2002Do5077 delivered on December 26, 200, etc.).

For the reasons indicated in its holding, the lower court determined that Defendant B and C’s act of performing the above procedure or ordering and supervising students to perform the above procedure for profit-making purposes without a license of an oriental medical doctor or qualification corresponding thereto cannot be deemed as a justifiable act acceptable in light of the overall legal order or social norms.

Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on justifiable act

3. Conclusion

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Chang-suk

Chief Justice Lee Ki-taik,

Justices Kim Jae-hyung