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(영문) 대법원 1986. 10. 14. 선고 86도1678 판결
[의료법위반][공1986.12.1.(789),3074]
Main Issues

(a) The significance of the medical practice;

(b) Whether the act of performing surgery, such as taking care of a telegraphic telegraph with arms and legs, etc. to patients with nebrogates, etc. constitutes medical practice;

Summary of Judgment

A. The term "medical practice" refers to the act of medical examination, autopsy, prescription, medication, surgery, etc., using experience and function based on the expertise in medical science as a means of preventing or treating a disease. Here, the term "medical examination" refers to the act of diagnosis, diagnosis, medication, surgery, etc., and the term "medical examination" refers to the act of identifying and determining the patient's appearance and the name of the patient, and the method of the diagnosis is to examine by means of satise, diagnosis, diagnosis, pathy, promotion, and other various scientific methods, and it belongs to the act of medical treatment to prescribe, provide, or perform the appropriate medicine for a disease found by

B. If the court determined the symptoms by putting up the signboard called the Southern Branch of the Korea Living Body Association and asking the mal patients, etc. who found the marb as its office, it would be a medical examination by gate-proof. Accordingly, continuing to repeat the procedure of pressure, such as pressing, spine, etc. with the abnormal structural conditions appearing in the alleys such as a shoulder, spine, etc., constitutes the medical act which is ultimately likely to cause harm to human life, body, or public health.

[Reference Provisions]

Article 25(1) of the Medical Service Act

Reference Cases

A. Supreme Court Decision 80Do2974 Decided December 12, 1981, 80Do2135 Decided May 28, 1985 B. Supreme Court Decision 84Do2135 Decided May 28, 1985

Escopics

Defendant

upper and high-ranking persons

Defendant

Defense Counsel

(National Office) Attorney Ham Chang-soo

Judgment of the lower court

Gwangju District Court Decision 83No1383 delivered on July 10, 1986

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

1. The term "medical practice" refers to the act of preventing or treating a disease, and refers to the act of diagnosis, diagnosis, prescription, medication, or surgery, etc. based on the experience and function based on the professional knowledge of medical science. Since such act can cause harm to human life, body, or public health, the Medical Service Act regulates the medical practice of a person who is not a doctor to prevent such harm. Here, the medical examination is to hear and observe the patient's attitude and to determine the patient's life and the patient's name by examining the patient's life and the patient's name, and there are many kinds of methods of diagnosis such as diagnosis, diagnosis, diagnosis, dust, dust, promotion, and other scientific methods. The preparation, delivery, or treatment of medicines suitable for the disease found by the above action is part of the treatment act (see, e.g., Supreme Court Decisions 80Do2974, Dec. 12, 198; 84Do2135, May 28, 1985).

2. According to the judgment of the court of first instance maintained by the court below, even though the defendant did not have a doctor's license or qualification, the defendant was found to have received approximately 3,00 won medical treatment expenses for a large number of patients with galcars, such as gate scars, etc., who walked the signboard called the Southern Branch of the Korea Living Organization Association of Korea, and found his arms and legs together with the shoulder part, etc., by the defendant's two descendants. It is evident that the above procedure can cause harm to the human body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's symptoms and ground of appeal is confirmed by the court below.

In the same purport, the court below is just in taking measures against the defendant's act under Article 66 (3) and Article 25 (1) of the Medical Service Act, and there is no error of law as the theory of lawsuit.

This paper argues that the medical practice is not suitable for employment on the ground of its independent opinion.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Osung-hwan (Presiding Justice)

Since it is during the overseas business trip, it is impossible to sign and affix a seal, misunderstanding.

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심급 사건
-광주지방법원 1986.7.10선고 83노1383
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