Whether a medical technician holding a license for a clinical sergeant is punished as an unlicensed medical practice in cases where he/she has performed a medical practice without a doctor's license, instruction or supervision.

Medical technicians can be engaged in medical examination or medicine examination under the direction and supervision of medical doctors or dentists under Article 1 of the Medical Technicians Act. Therefore, even if a medical technician who has a clinical pathology license is a medical technician with a medical license, it is justifiable that the Defendant was engaged in non-licensed medical acts under the Medical Service Act as long as he/she performed medical acts without a medical license, instruction and supervision.

Defendant

Attorney Park Byung-il

Daejeon District Court Decision 76No780 delivered on July 24, 1976

The appeal is dismissed.

The grounds of appeal by the defense counsel are examined.

According to Article 1 of the Medical Technicians Act, the so-called medical technicians under this Act can be engaged only in medical examination or medicine examination under the direction and supervision of a doctor or dentist. Thus, even if a medical technician who has a license for a clinical pathology is a medical technician with a license for a clinical path, the defendant did the medical act such as the first trial without a doctor's license or doctor's instruction and supervision, so long as he did the medical act such as the first trial without a doctor's license, it cannot be said that there was an error of law by wrong interpretation of the

Therefore, this appeal is without merit and it is so decided as per Disposition by the assent of all participating judges.

Justices Shin Young-chul (Presiding Justice)