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(영문) 대법원 1985. 5. 14. 선고 84도2888 판결
[보건범죄단속에관한특별조치법위반][집33(2)형,445;공1985.7.1.(755),870]
Main Issues

Whether the act is a medical practice in a shot or so-called cromatics;

Summary of Judgment

The term "medical practice" refers to the act of preventing or treating a disease by performing the diagnosis, diagnosis, prescription, medication, and external surgery with medical professional knowledge. If the defendant decided that the symptoms were to be caused by asking for the attitude of the patient who found the above branch office of the Korea Living Security Association Busan District Office, then it is clear that the defendant's repetition of medical practice is ultimately a medical practice that is likely to cause harm to human life, body, or public health, and that it constitutes a medical practice that is likely to cause harm to human life, body, or public health.

[Reference Provisions]

Article 25(1) of the Medical Service Act and Article 5 of the Act on Special Measures for the Control of Public Health Crimes

Escopics

Defendant

upper and high-ranking persons

Defendant

Defense Counsel

Attorney Park Gyeong-soo, and Du-soo

original decision

Daegu High Court Decision 83No1326 delivered on November 8, 1984

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Medical practice refers to the act of preventing or treating a disease by performing diagnosis, diagnosis, prescription, medication, and surgical treatment with medical professional knowledge, and such act can cause harm to human life, body, or public health. Therefore, the Medical Service Act regulates the act of a person who is not a doctor to prevent such harm.

According to the judgment of the court of first instance affirmed by the court below, the defendant shall establish a branch of the Korean Living Fitter Association Busan Metropolitan City and Busan Metropolitan City Office on the second floor of a medical clinic located in the Busan Metropolitan City and Seojin-gu.

1. On March 1, 1983, at around 11:00, at the above-mentioned branch, medical practice such as taking the satisfe of Nonparty 23 years old (the age of 23)’s satisfying of the satched satch of the bridge due to traffic accident after a traffic accident, and taking 50,000 won as medical treatment expenses for the period of one month;

2. On April 11 of the same year: at around 00, Nonparty 1 (the 43-year old age) who was born at the same place as the Amphalym in the same manner, shall be placed on the bed and pressured on the return to the bed hand floor at the bed at the bed, and at that time, shall be given a delivery of KRW 50,000 as the name of medical treatment for one month at that time.

3. On Apr. 1, 1983, at 11:00, Nonparty 1 was engaged in medical practice for profit, such as taking off Nonparty 30 years old at the same place where he was found at Ampha, and pressureing return to the floor by his fingers, etc., and promising to receive 50,000 won as medical expenses for one month thereafter. According to the records, it is evident that the Defendant’s practice was conducted in the above branch as well as the above branch, it is evident that the Defendant’s treatment is to complete the tension of the tension, and that it is evident that the procedure was performed by installing a big machine, etc., and the equipment for treatment of the body body or the climatic system or the climatic structure of the human body, and it is evident that the climatic structure and the climatic structure of the human body appeared in the climatic structure or the climatic structure of the human body.

The appeal follows the purport that the defendant's act does not constitute medical practice as part of correctional sports using a human dynamic movement as provided by the articles of incorporation of the Korea Living Body Correction Sports Association, or that medical practice does not constitute medical practice, as the above diagnosis is conducted with medical professional knowledge, and the method of correctional sports at the Korea Living Body Sports Association is not clear, as it is not recorded. However, even though according to the facts confirmed by the court below and the grounds of appeal, if the court below determined that the defendant's appearance by asking the patient who found the above branch office, it shall be a verbal diagnosis. Accordingly, it is obvious that the defendant's repeated medical practice, such as diagnosis, examination, prescription, medication, and surgical, constitutes medical practice which might cause harm to human life, body, or public health, is nothing more than an independent opinion that there is no reason for appeal.

Only a medical person can perform medical practice under the Medical Service Act, and there is no other error in the misapprehension of legal principles as to medical practice as well as misconception of facts as pointed out in the judgment below, and there is no error in the misapprehension of legal principles as to medical practice as well as in the misapprehension of legal principles under the Medical Service Act, since a person who has a license for a medical doctor, a radiation doctor, a physical clinic, a occupational clinic, a dental technician, a dental technician under the direction of a dentist, or a person who has a license for a dental technician under the Medical Service Act is allowed to perform medical care or medical care under the direction of a dentist, or a person who is not a license or qualification for a person without such license or qualification is allowed to perform medical practice as well as medical similar act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-soo (Presiding Justice)

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심급 사건
-대구고등법원 1984.11.8.선고 83노1326