All appeals are dismissed.

The grounds of appeal are examined.

1. In a case where a doctor orders a nurse to participate in the medical practice in a case where the defendant's grounds of appeal concerning mistake of facts and misapprehension of legal principles concerning unlicensed medical practice, the medical practice is performed under the doctor's responsibility, and the nurse is merely an assistant.

Where a nurse performs "medical assistance", one of the acts is "medical assistance," but the doctor does not always participate in the field and shall not be subject to guidance and supervision, and as a result, there are cases where a physician is sufficient to conduct general guidance and supervision without having to participate in the field of assisting medical treatment. However, this means that a physician may instruct or delegate part of the medical assistance in consideration of the nature, risk, etc. of the medical act while performing the medical act under his/her lead.

On the contrary, in a case where, although a physician did not individually instruct or delegate the provision of medical practice to a nurse, the nurse-led medical practice is determined, and the physician did not instruct or interfere with the process of performing medical practice by a nurse, it shall be deemed as an unlicensed medical practice prohibited by Article 27(1) of the Medical Service Act.

In addition, if the doctor conspired with the nurse to perform medical practice in such a manner and there was a functional control by the doctor by the joint doctor, the doctor is liable for the crime as a co-principal of unauthorized medical practice.

(see, e.g., Supreme Court Decision 2010Do5964, May 10, 2012). In full view of the circumstances as indicated in its reasoning, the lower court determined that a doctor at the time of anesthesia pursuant to a propool conducts a anesthesia or diagnosis before anesthesia, whether or not he/she administered an anesthesia individually for each patient, and determined the volume of the anesthesia; and that the patient is aware of the relevant depth at the time of administering the anesthesia and has the volume of medicine.