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(영문) 서울동부지방법원 2010.07.22 2010노449
의료법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Inasmuch as Article 27(1) of the Medical Service Act provides that “medical persons shall not perform medical acts other than those licensed,” and does not clearly stipulate the scope and limitation of the license of doctors or herb doctors, IPL (or luminous fraud) used by the Defendant is a medical device that has been used traditionally in the past and developed through mechanical methods after investigating the light used in the pathology from the past and treating the skin disease in the mechanical manner. The method of treating the skin disease such as domination is not considered as the principle of oriental medicine, nor can it be deemed that the method of treating the skin disease such as do so constitute the principle of oriental medicine. In light of the fact that IPL is using lights similar to solar energy, the academic circles of the Republic of Korea, which are familiar with the existing luminous law and the radder, conducted research and development of the Korean Medical Service Act including the Korean Medical Association and the Korean Medical Association, which continued to fall under the scope of the license and application of oriental medicine, the lower court, based on the research and study conducted by the Korean Medical Service Act and the Korean Medical Association.

B. The court below did not have a clear standard for determining whether a specific medical device is double-band-band-band-band-band-band-band-band-band-band-band-band-band-cand-cand-cand-cand-cand-cand-cand-cand-cand-cand-cand-cand-cand-cand-cand-cand-cand-cand-cand-c

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