The judgment below

The non-guilty portion is reversed, and this part of the case is remanded to the Panel Division of the Seoul Eastern District Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the former Medical Service Act (amended by Act No. 932, Jan. 18, 2010; hereinafter the same), a medical person means a medical doctor, an oriental medical doctor, etc. licensed by the Minister of Health, Welfare and Family Affairs (Article 2(1)); a medical doctor, an oriental medical doctor, and an oriental medical doctor, who intends to become a medical doctor or an oriental medical doctor, shall perform the duties of medical treatment and guidance for health based on oriental medicine (Article 2(2)1 and 3); and a person who intends to become a medical doctor or an oriental medical doctor, shall obtain a license from the Minister of Health, Welfare and Family Affairs after passing a national examination with qualifications, such as graduating from

(Article 5) In addition, no person, other than a medical person, shall conduct any medical practice, and no person, other than a licensed medical person, shall conduct any medical practice (the main sentence of Article 27(1)), and a person who violates it is subject to criminal punishment.

(1) Article 87(1) of the former Medical Service Act provides for the dual medical system that provides that a doctor and an oriental medical doctor shall be equal to each other and shall not perform medical acts other than those licensed and licensed, so that oriental medicine can independently develop the West medicine so that he/she can enjoy medical benefits from the development of oriental medicine as well as Western medicine. On the other hand, a doctor and an oriental medical doctor shall be provided with systematic education in their respective areas, and shall prevent risks that may occur to human life, body, or public health in cases where a doctor and an oriental medical doctor perform medical acts beyond the scope of verified expertise and skills related to medical treatment by the State after receiving systematic education in their respective areas.

However, there is no provision stipulating the contents of the licensed medical practice by doctors, herb doctors, etc. or providing the criteria for classification thereof, so a medical doctor or herb doctor is specific medical practice.