Whether the act of oriental medical treatment under Article 5 of the Act on Special Measures for the Control of Public Health Crimes is included in the act of oriental medical treatment

Article 59 of the former Medical Service Act (Act No. 1035, Mar. 20, 1962) is replaced by, and amended by, the former Medical Service Act (Act No. 221, Sep. 25, 1951). It is repealed because it does not have a provision on the system of bedclothes as a kind of a medical care provider falling under Article 59 of the former Medical Service Act. However, Article 60 of the previous Medical Service Act (Act No. 2862, Dec. 31, 1975) provides the same purport as the previous supplementary provision of Article 60 of the current Medical Service Act (Act No. 2862, Dec. 31, 1975). Thus, it does not provide that an oriental medical doctor can provide bedclothes treatment as a medical practice by abolition of a bedclothes system, but it does not permit an oriental medical doctor to do so for the purpose of protecting the rights to acquire the existing bedclothes, and thus, it does not include a licensed medical practice under the current Medical Service Act (Act).

Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Articles 25 and 60 of the Medical Service Act

Supreme Court Decision 77Do2010 decided Oct. 11, 197 (Gong1977, 10365) 86Do1842 decided Oct. 28, 1986 (Gong1986, 3165) 92Do2548 decided Jan. 15, 1993 (Gong1993Sang, 777) 89Hun-Ma79 decided Mar. 11, 1993; 90Hun-Ma209 decided Nov. 25, 1993

Defendant

[Defendant-Appellant] Korea-U.S. Law Office, Attorney Kim Chang-joon

Seoul High Court Decision 93No3025 delivered on December 10, 1993

The appeal is dismissed.

We examine the grounds of appeal.

As the former Medical Service Act (Act No. 1035, Mar. 20, 1962) replaced with the former National Medical Service Act (Act No. 221, Sep. 25, 1951), it was abolished because it does not have a provision on the system of bedclothes as a kind of medical care business operator falling under Article 59 of the former Medical Service Act. However, Article 60 of the former Medical Service Act (Act No. 2862, Dec. 31, 1975) also provides the same purport as the current Medical Service Act (Act No. 2862, Dec. 31, 1975). It is proper that the former Medical Service Act (Act No. 1035, Sept. 25, 195) provides that an oriental medical doctor shall be punished for a violation of the Act No. 1971, Sep. 19, 200>

Supreme Court Decision 4292Ra122 Decided October 19, 1961 Decided 4292Da122 Decided October 19, 1961 is a decision under the former National Medical Service Act, which is not applied under the current Medical Service Act.

There is no reason to discuss this issue.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-soo (Presiding Justice)