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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the Defendant’s diagnosis and treatment of H, B merely provided a simple advice to H, and did not perform a non-licensed medical practice, and the Defendant did not conspired with B.
B. The Defendant’s act of misapprehension of the legal doctrine constitutes a justifiable act that does not contravene social norms and thus, is dismissed.
2. Determination
A. Medical practice on the assertion of factual misunderstanding shall be conducted only by a medical person, but it shall be permitted that medical practice is conducted under the direction of a medical doctor, a person holding a license for a dental technician under the Act on the Nursing, Nursing Assistants, Medical Technicians, Etc.; however, medical practice shall not be conducted under the direction of a medical doctor or a dentist; however, any other person is prohibited from performing medical practice under the direction of a medical doctor or a dentist; and a part of the whole process of dental practice by a medical doctor is a medical doctor.
Even if the act alone constitutes a medical practice, a non-medical person shall not conduct it, and unless a license or qualification to conduct a medical practice is granted, the person actually has the same level of expertise or ability to conduct the medical practice as that of a medical person.
The same holds true (see Supreme Court Decision 2003Do2903, Sept. 5, 2003). According to the evidence duly adopted and examined by the court below, B had a criminal record of having been punished several times due to the violation of the Medical Service Act in which he/she carried out spine correction operations with his/her hand and flick, or with the equipment such as rubber flick, even though he/she is not a medical person. The Defendant, one of the private persons, was aware of the spine correction surgery of B and the Defendant through television while being treated with the diagnosis of spine flick, and H came to receive medical treatment by finding the hospital of the Defendant, and H was weak from the Defendant.