The judgment below

The non-guilty part is reversed, and that part of the case is remanded to the Seoul Southern District Court Panel Division.

The grounds of appeal are examined.

1. According to the former Medical Service Act (amended by Act No. 11252, Feb. 1, 2012), a medical person refers to a medical doctor, herb doctor, etc. licensed by the Minister of Health and Welfare (Article 2(1)); a medical doctor’s mission is to administer medical treatment and provide guidance for health; a herb doctor’s mission is to administer oriental medical treatment and provide guidance for health based on oriental medicine (Article 2(2)1 and 3); a person who intends to become a medical doctor or oriental medical doctor is qualified as a graduate from a university, college, or specialized graduate school specializing in oriental medical science, and shall obtain a license from the Minister of Health and Welfare after passing the national examination.

(Article 5) In addition, no person, other than a medical person, shall conduct any medical practice, and no person, other than a licensed medical person, shall conduct any medical practice (the main sentence of Article 27(1)), and a person who violates it is subject to criminal punishment.

(1) Article 87(1) of the former Medical Service Act provides for the dual medical system that provides that a doctor and an oriental medical doctor shall be equal to each other and shall not perform medical acts other than those licensed and licensed, so that oriental medicine can independently develop the West medicine so that he/she can enjoy medical benefits from the development of oriental medicine as well as Western medicine. On the other hand, a doctor and an oriental medical doctor shall be provided with systematic education in their respective areas, and shall prevent risks that may occur to human life, body, or public health in cases where a doctor and an oriental medical doctor perform medical acts beyond the scope of verified expertise and skills related to medical treatment by the State after receiving systematic education in their respective areas.

However, there is no provision stipulating the contents of the licensed medical practice by doctors, oriental medical doctors, etc. or providing the criteria for classification thereof. Thus, whether the specific medical practice by doctors or oriental medical doctors constitutes “medical practice other than the licensed one” is a dual medical system depending on specific cases.