The appeal is dismissed.

The grounds of appeal are examined.

1. The gist of the grounds for appeal on this part of the first ground for appeal is that Article 5 of the Act on Special Measures for the Control of Public Health Crimes applicable to the defendant (hereinafter “Public Health Crimes Control Act”), Article 27(1) of the Medical Service Act violates the principle of clarity of the criminal justice by not specifically stipulating the concept or scope of medical practice, and violates the so-called “Supplementary Alternative Act” by comprehensively prohibiting the so-called “Supplementary Alternative Act,” thereby infringing citizens’ right to life, health, etc., thereby violating the Constitution.

Article 27 (1) of the Medical Service Act provides that no person, other than a medical person, shall perform any medical practice, and no medical person shall perform any medical practice other than that licensed.

Article 5(1) of the Health Crimes Control Act provides that “A person who engages in medical practice for profit in violation of Article 27 of the Medical Service Act shall be punished.”

In addition, Article 5 (3) of the Health Crimes Control Act provides for the same purpose as above with regard to oriental medical acts.

Medical Practice

The term “medical professional knowledge” means the act of preventing or treating diseases caused by the conduct of diagnosis, autopsy, prescription, medication, or surgical treatment based on medical professional knowledge, and other act that is likely to cause harm to health unless medical personnel do so (see, e.g., Supreme Court Decision 2004Do3405, Oct. 28, 2004). It is difficult to understand the concept of medical practice as above as a matter of course by a person with a sound general common sense, or it is likely to be interpreted as a matter of course by a judge at the stage of application by a judge.

It is difficult to see that Article 5 of the Public Health Crimes Control Act and Article 27 (1) of the Medical Service Act violate the principle of clarity of the criminal law.

In addition, the qualifications of a person who is not a medical person shall be strictly defined in the above legal provision, and the medical treatment shall be prohibited and punished.