• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.337-361
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• 2010

In the case of Korea, both of modern medicine and oriental medicine are admitted as medical practices in the system. In other words, healthcare system is dualized. However, medical practice that corresponds to oriental medicine in Korea is substitution of medical practice in cases of foreign countries. For use of medical devices, it is provided only for doctors and medical technician relevant to use. Particularly, although oriental medicine is recognized as orthodox medicine in terms of the features of Korean medical system, superintendency of oriental doctors is not identical with that of doctors for use of medical devices and superintendency toward medical technicians. Recently, Cheongju District Court decided that superintendency of oriental doctor upon physical therapist is not acknowledged. It can be said that the judgement is opposed to the original verdict which judged that oriental doctors' employment and guidance of oriental doctors upon physical therapist is permissible. Hence this study aimed to review on domestic medical law system, which is dualized, roles of medical professionals, intent of the medical license system, provisions related to medical technician law and relevant precedents. Regulations on practices other than licensed practices by medical professionals are made because medical practices may affect on danger toward life and body of human and public health also. Therefore, the nation regulates medical professionals having licenses to perform medical practices within the range of the licenses. It is clearly prescribed that medical technicians may perform medical practices under instructions of doctors or dentists pursuant to the medical technician law. In addition, the court also judges that it is out of the license of oriental doctors if they use CT devices and limits the use of modern medical devices by oriental doctors. That is to say that it limits oriental doctors' employment of medical technicians and pursuant of oriental doctors on medical technicians as well.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.3-20
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• 2018

Pharmacopunture is a new combined method of acupunture and oriental drugs. Recently, this method is widely used to treat traffic accident patients in oriental medicine. However, there is no evidences of treatment, no information of effects and side-effects of this method, and no information of drugs used. In South Korea, western medicine and oriental medicine are regulated differently. When a new technology is invented in the area of western medicine, that method should pass several stages of clinical trials. After that processes, that method can be done as a medical practice. However, in the area of oriental medicine, there is no process like that. According to in South Korea, medical practice without license are composed of two behaviors. First type is that medical practice is done by a person who has no medical license. Second type is that medical practice is done by a person who has a medical license but the area of the license is different. Because of this reason, the distinction between the western medical practices and the oriental medical practices is very important. Medical practices are protected by license mainly because they can harm human life or body. When we invented new medical practice and try to practice it to the patients, we should consider the risk of that method whether it is western medical practice or oriental medical practice. It is not clear that the pharmcopunture which has been done is satisfied the standard of medical treatment.

• Journal of Oriental Neuropsychiatry
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• v.20 no.2
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• pp.143-152
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• 2009

Objectives : Hwabyung is one of well-known mental health problems like depression in Korea and it's concept is generated from oriental medicine. We suggest that clinical practice guideline should reflect the Hwabyung's characteristics, clinical environment and Oriental medical doctor's need. Methods : We use the general development method of clinical practice guideline and also apply the oriental medicine's properties. Results : We need to refer to the western psychiatric field, especially the clinical guideline of depression. And we should base on the clinical survey and trial with the selected core subject considering oriental medicine's character. Conclusions : From this development, we expect the application of proper clinical decision by medical team, the objectification of oriental medicine, and the improvement of medical quality in the clinical field of oriental medicine.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.123-158
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• 2011

The Korea health care system has been divided into Western and Oriental (Korea traditional) medicine since 1951. In accordance with dualistic medical system, there are many conflict cases between medical doctors and oriental medical doctors. Meanwhile, there were much discussions about the meaning and criteria of medical malpractice(negligence). Especially, many cases have been built up about the criteria of medical malpractice through lawsuits. But, comparatively, there's few the medical malpractice case of the oriental medical doctors. According to a recent ruling of the Supreme Court, the legal principles of medical doctor's malpractice case are equally applied to the criteria of the oriental medical doctor's malpractice case. But there are much considerations in addition to these principles for the dualistic medical system and academic distinctiveness. This study is intended to review the dualistic medical system, the criterion of medical malpractice, and analysis this issues. To make long story short, under our dualistic medical system, judging the medical and oriental malpractice should be considered relatively. However, it makes sense that we want medical doctor or oriental medical doctor to demand the reinforced negligence to restrict the unnecessary discretion. If there is lack of evidence-based medicine or the rationality suspected, the health care providers must give enough proof.

• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.3-42
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• 2023

The Supreme Court en banc decision on December 12, 2022 (docket number 2016Do21314) ruled that the diagnosis of endometrial hyperplasia by an oriental medical doctor using a diagnostic ultrasound device was not an unlicensed medical practice for an oriental medical doctor, which shall be scrutinized by the article 27 (1) of the Korean Medical Service Act. This ruling did not determine that a specific medical practice, especially diagnosis, based on the radiology, which is a part of western medicine, was not an unlicensed medical practice for an oriental medical doctor. Rather, it intended to clarify that the prosecutor should specify and prove the way of diagnosis and he should not prosecute mere the use of a diagnostic ultrasound device itself. To that extent, the ruling is agreeable because, as the oriental medicine community has argued, there is no regulation prohibiting the use of certain devices. It is probable, however, that the way of diagnosis established in radiology, which is a part of western medicine, was actually used in the case. In that case, there is undeniably an unlicensed medical practice for an oriental medical doctor. While many of the cases where the demarcation between (western) medicine and oriental medicine have been problematized thus far have been experimental treatment in nature, the above practice of using ultrasound appears to be frequently done in many oriental clinics, and so it is necessary to cope with the possibility of a disguised unlicensed medical practice. Another problem is the prevention of unfair practice or the protection of medical consumers. In fact, many oriental medical clinics' practice appear to have a tendency of inducing medical consumers' misunderstanding that a diagnosis based on radiology, which is a part of western medicine, were provided. It is hard to respond to this problem with demarcation between (western) medicine and oriental medicine. A new regulation against unfair practice might be necessary to implement.

• Journal of Korean Traditional Oncology
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• v.20 no.1
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• pp.55-79
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• 2015

Hepatocellular carcinoma(HCC) is the fifth most common cancer worldwide (fifth in male, seventh in female) and the third most common cause of cancer mortality. Since 2001, the various research group in the United States, Europe and Asia have published clinical practice guidelines for HCC. In Korea, a clinical practice guideline for HCC have been published by The Korean Liver Cancer Study Group in 2003, revised in 2009 and 2014. In China, oriental medicine clinical practice guideline have been published for the first time in 2014, and in the oriental medical profession of Korea, there is growing need for the guideline. This study will introduce the methods of diagnosis and the medical therapeutics which is commonly utilized for HCC in Korea, and existing korean medicine clinical practice guideline for Disease Analysis and Treatment(辨證論治) and herbal therapy of HCC. Further clinical research about various herbal medicines are needed to develop more advanced guideline of HCC.

• Journal of Society of Preventive Korean Medicine
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• v.12 no.2
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• pp.159-167
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• 2008

Life nurturing medicine mentioned in this paper refers to medical practice based on health preservation. This practice embraces alimentotherapy, respiration practice, qi gong, lacking food method as well as preventive medicine and geriatrics based on this theory. This life nurturing practice are noticeable through korean history. There were Korea own's xianjia(仙家) yangseng practice which after the transmission of Taoistic yangseng, it has been developed to take a field in medicine. The first publication that proofs this unification of life nurturing practice and medicine is Donguibogam ("東醫寶鑑"). Life nurturing method took more proportion in medical practice as medical books emphasized on preventive medicine like Yiyangpyun("二養編"), Boyangji were published distinguishing from other field of medicine.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.125-151
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• 2015

South Korea's medical system has dual systems-that is, Oriental and Western Medicine. Both are different from method for diagnosis or treatment of diseases and Scientific principle. Of the characteristics of Oriental medical practice in comparison with Western medical practice, notably, it is difficult to acknowledge specific constitutions, Oriental medical doctors' discretion is broad, and Oriental medical practice has a low invasiveness. Thus, it is difficult to acknowledge human specific constitutions when grounded on Oriental medical principles, thereby making it difficult for Oriental medical doctors to argue such specific constitutions as a means of defending against their medical negligence. And, it is difficult to prove Oriental medical doctors' negligence because Oriental medical doctors' scope of discretion is broad. Collaboration of Oriental medicine and western medicine can diagnose and treat the patient's diseases from a different viewpoint, making both medicines complementary. Oriental medicine and western medicine are independent of each other, equal, thus making them divided horizontally. Horizontal medical service division involves the principle of trust, but the principle of trust does not always apply to Oriental medicine and western medicine, because if patients shift from one area of medicine to another, the scientific principle, diagnostic method and treatment method of that medical area should be different. Application of the principle of trust to both of them needs to be analyzed according to types of medical institutions where transfers occur, and to the scope of work division between them.

• Journal of Haehwa Medicine
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• v.23 no.1
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• pp.79-92
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• 2014

Objectives : This study aimed to investigate the medical contents of Korean medical textbooks and intervention usage in clinical practice. Method : We conducted an email survey of Doctors of Korean Medicine(DKMs) registered with the Association of Korean Medicine and analyzed the 259 responses that we received. Results : 1, The study showed that most DKMs used western medical knowledge concerning "history taking and diagnosis"(96.5%), "management and prevention"(95.8%), "causes and overview"(91.9%), and "prognosis"(90.3%). DKMs did not usually use western medical knowledge with regard to "diagnosis and treatment evaluation tools"(40.9%) or "western medical treatments"(25.1%) in their clinical practice. 2. Of the DKMs surveyed, 39.0% usually used traditional and western medical terms at similar levels of frequency in explaining their patients' conditions, while 35.9% used western medical terms more often and 20.8% used Korean traditional medical terms more often. 3. Most DKMs usually used acupuncture, herbal medicine, cupping therapy, Moxibustion in their practice and used herbal prescriptions presented in Dongeuibogam(57.1%), Bangyakhappyeon(52.9%), and Sa-Sang Constitutional Medicine(36.7%), although 27.8% used their own herbal prescriptions in creating for patients. In practice, DKMs usually used meridian acupuncture(64.1%), needling myofascial trigger points(54.8%), sa-am acupuncture(42.1%), dong-shi acupuncture therapy(24.7%), and constitutional acupuncture therapy(8.5%). Conclusions : We found that most DKMs use western medical contents as well as Korean medical contents in clinical practice. New Korean medical contents should be establish based on these results.

• Journal of Korean Medical classics
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• v.21 no.1
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• pp.163-173
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• 2008

"Uibanghappyeon(醫方合編)" is a large-scale medical formulary with "Samuiilheombang(三意一驗方)" and "Chon-gagugeupbang(村家救急方)" at its core, combined with personal experience of the compiler and various pieces of fragmentary knowledge. This book was brought into existence through the cumulation of numerous folk medicinal remedies and cannot be considered a work of professional expertise. The historic worth of this book in medicine can be found in the fact that it has kept the tradition of empirical medicine based on first sia alive, in fusing the practice of late Joseon(朝鮮) empirical prescriptions, as can be seen in "Samuiilheombang(三意一驗方)", and the practice of empirical medicine, as can be seen in "Chon-gagugeupbang(村家救急方)", together.