• 제목/요약/키워드: Practice of medicine

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한방 의료행위의 개념과 그 한계 - 법령과 판례를 중심으로 - (The Concept of Practice of Korean Medicine and the Limitations - Focusing on Legislations and Precedents -)

  • 권순조;엄석기
    • 한국의사학회지
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    • 제28권1호
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    • pp.121-133
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    • 2015
  • Objectives : The purpose of this study is to suggest how to interpret the 'practice of Korean Medicine', differentiating it from 'medical practice'. Methods : I analyze the legislations and precedents regarding the practice of Korean Medicine. Results : The Korean Medicine and Pharmaceutics Promotion Act defines 'practice of Korean Medicine' and it clearly differentiates it from the definition of 'medical practice'. However, the scope of this definition is somewhat restricting and it can violate doctors of Korean Medicine's right to equality and their academic freedom. Thus, the application of this definition of the 'practice of Korean Medicine' should be limited to the field of research and development. Meanwhile, criteria of distinguishing 'practice of Korean Medicine' from 'medical practice', which used to make a sharp distinction between Medicine and Korean Medicine by rigorously applying their academic standards, are now focusing more on protecting and improving health of the people. Discussions & Conclusions : I suppose that the distinction between the 'practice of Korean Medicine' and 'medical practice' will be more focused on public health rather than the academic stance of those two medical fields. Meanwhile, in accordance with dualistic medical system, the mutual usage of medical equipment in the area of 'treatment' should be limited while it should be allowed in the area of 'diagnosis' if it satisfies requirements suggested by the Constitutional Court.

한방의료행위의 개념요소와 유형에 관한 법적 고찰 (Study on Conceptual Factor s and Types of Korean Medical Practice)

  • 이부균
    • 의료법학
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    • 제13권2호
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    • pp.263-284
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    • 2012
  • Medical Act. article 2 (3) stipulates that "a korean medicine doctor is in charge of providing korean medical practices and korean medical health guidance". But, without a definition article about korean medical practice, the legal concept of it is defined by supreme court cases according to specific legal trials. To establish the concept of korean medical practice, it must be included that the common parts of practice of medicine involving "the purpose of practice", "the subject of practice", "the object of practice" and "other dangers", as well as the special parts of conceptual elements of korean medical practice involving "korean medicine principle" and "differentiation" and also "manufacturing of korean medicine". Accordingly, the definition of korean medical practice is defined as examining, diagnosing, differentiating, prescribing, manufacturing of korean medicine, treating, korean medical care guiding so as to treat diseases and to promote and to maintain health, based on korean medicine as traditionally handed down from the nation's ancestors and korean medicine principle which is scientifically developed and applied and also includes a practice that will cause physiological danger to human body and/or bring harm to public health and sanitation if it is not perfomed by korean medicine doctor.

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한국(韓國) 양생의학(養生醫學)의 역사(歷史) (History of Korea Life Nurturing Medicine)

  • 안상우;김남일
    • 대한예방한의학회지
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    • 제12권2호
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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.

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한양방협진 이용에 따른 일부 공무원들의 인식도 조사 (Study on Attitudes of Officials Depending on System of Collaborative Practice between Traditional Korean Medicine and Western Medicine)

  • 송민선;유용권;최찬헌
    • 동의생리병리학회지
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    • 제28권4호
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    • pp.446-451
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    • 2014
  • The purpose of this study was to investigate different attitudes of officers depending on system of collaborative practice between traditional Korean medicine and western medicine. A total of 103 officials were surveyed using structured questionnaires. Data were analyzed using descriptive statistics, ${\chi}^2$ test with the SPSS program. Use of oriental medicine clinic was significantly higher and use of general hospitals was significantly lower in a group of users (p=.021). Higher rates of disease status were found in a group of users (p=.024). 'Overcome limits of Traditional Korean Medicine and Western Medicine' and 'collaborative practice would bring benefits' as the reasons of using collaborative practice between Traditional Korean Medicine and Western Medicine showed higher rates (p<.001). It showed high interests in collaborative practice between Traditional Korean Medicine and Western Medicine in two groups, but higher rates of prospect of collaborative practice between Traditional Korean Medicine and Western Medicine revitalization were found in the group of users. Also, more than 60% of the officers showed positive attitudes in the system of the collaborative practice. Therefore, correct researches on actual conditions about collaborative practice between Korean and Western Medicine and positive and negative aspects of this collaborative practice pointed by candidates need to be considered in order to improve candidates' health condition.

한의사와 의사의 업무 범위와 관련된 법령 고찰 (Study on Laws related to the Scope of Both Medical Doctors' Practice in Korea)

  • 박유리;강연석;백경희;라세환
    • 대한예방한의학회지
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    • 제18권3호
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    • pp.91-104
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    • 2014
  • Objective : This study aims to compare the scope of practice of Korean Medicine doctors and western medicine doctors based on laws related to medical practice Method : We searched for laws related to medical practice using terminologies such as "Korean Medical practice", "Korean Medicine", "Principles of Korean Medicine", "western medicine", "Korean Medicine doctor", "western medicine doctor" at the national law information center(http://law.go.kr/main.html). Results : We categorized the laws we found into four categories: diagnosis, treatment, prescription, and all the other areas including public health. In diagnosis, both Korean Medicine doctors and western medicine doctors have a right to issue medical certificates including birth and death. However, diagnosis of a few specific diseases is allowed only to western medicine doctors. In treatment, laws related to emergency medicine and nursing at home were searched. Korean Medicine doctors and western medicine doctors are emergency care providers; however, most of emergency medicine can be done by western medicine doctors. In prescription, the scope of practice is divided by herbal medicine and western medicine. Finally, as public health professionals, both of them need to do lots of public health works. However, in some area such as vaccination, maternal and child health care, and industrial health, only western medicine doctors can practice. Conclusion : This study suggests that, in diagnosis, treatment, prescription, and all the other areas including public health, the scope of practice of Korean Medicine doctors and western medicine doctors has huge difference. There is also lack of consistency in current law, and some laws do not reflect current health care system and health care services.

한방의료행위의 법적 개념에 관한 연구 (The Legal Perspectives of the Medical Practice in Korean Medicine)

  • 이해웅
    • 대한예방한의학회지
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    • 제21권2호
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    • pp.45-53
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    • 2017
  • Background and Aim : Lately the age of competition has come among the medical service area. At the same time disputes over the medical practice related to the medical person's territory tend to increase. In part it is due to the increased medical persons but in part it is because the medical practice is not defined clearly in the Medical Service Act for the practice of each medical person. So the legal definition of medical practice will be discussed here. Materials and Method : The cases from the court have been confirmed the difference between the two medical persons regarding the actual events. Legal aspects of medical practice in Korean medicine and the related cases will be reviewed and analysed. Results : The form of medical practice consists of administrating Korean medicine treatment and providing guidance for health based on Korean medicine. For medical doctors the practice includes medical treatment and guidance for health. Circular definition in the Medical Service Act over the medical practice, medical person and medical instruments makes it difficult to understand the whole idea. Therefore, the court has a tendency to decide the medical practice of medical doctor of Korean medicine from the some reliable points which is: 1) it is based on the principle of traditional Korean Medicine, 2) it is practiced by the medical doctor of Korean Medicine, 3) it can do harm to the patient without proper involvement of the medical doctor of Korean Medicine. Now the Act on the promotion of Korean Medicine and Pharmaceuticals makes it include the concept of "scientifically applied and developed" medical practice of Korean Medicine. Conclusions : With the essential change in the Act on the promotion of Korean Medicine and Pharmaceuticals, it is expected that even slight change can be seen in the court cases. However, still the concept of medical practice in the Medical Service Act remains the same. Modernisation of Korean Medicine, enhancement of textbooks and clinical practice training and the effort to amend the law to clearly define the medical practice of Korean Medicine will contribute to the clinical and academic environment. Evidence based Korean Medicine and even the unification of east-west medicine could be considered for the situation.

대법원 판례로 살펴본 무면허 한방의료행위의 법리 (The Legal Aspect of Supreme Court Cases on the Unlicensed Medical Practice of Korean Medicine)

  • 이해웅
    • 대한예방한의학회지
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    • 제23권1호
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    • pp.15-26
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    • 2019
  • Background and Aim : Health care and cosmetics as well as quality of life is now a matter of concern and many categories of complementary and alternative medicine fall into the territory of the medical practice of Korean medicine. Accordingly, penalties are being taken for unlicensed medical practices of Korean medicine in so called complementary and alternative medicine area. There is a possibility of violating the law for the public part because it is not clearly stipulated in the law as to what is a licensed medical practice. Materials and Method : The significance of the Medical Service Act and the Act on Special Measures for the Control of Public Health Crimes were reviewed, and the related supreme court cases were discussed upon the legal aspect of processing the unlicensed medical practice of Korean medicine. The legal information was provided from the National Law Information Center of the Ministry of Government Legislation, and the information websites of the Supreme Court and the Constitutional Court. Results : The concept of medical practice, which is essential in judging the case of unlicensed medical practice, is 'prevention and treatment of diseases through diagnosis, examination, prescribing, medication, or surgical procedures based on medical expertise', and the 'acts that may result in harm and injury of health unless performed by a medical person'. With respect to the medical practice of Korean medicine, the concept includes 'prevention and treatment of diseases using the principle of traditional Korean Medicine'. Conclusions : The concept of medical practice should be clearly stipulated in the law for the control over the unlicensed medical practices of Korean medicine. And it is important to move from the current concept of medical person-oriented medical practice emerging from the national system of healthcare control, to a concept that can accept the era of health managing-oriented medical environment and the co-governance of the healthcare providers and consumers for the future.

판례분석을 통한 한방의료행위개념의 법적 근거 고찰 (A Study on the Legal Aspect of the Concept for Medical Practice in Korean Medicine through Cases Analysis)

  • 이미선;권영규
    • 한국한의학연구원논문집
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    • 제15권3호
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    • pp.19-28
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    • 2009
  • Objectives : The lawsuits associated with medical practice in Korean medicine are increasing gradually. However, the clear definition for medical practice in Korean medicine has not been existed in Korean law. Only we may understand the concept regulated by judicial precedents of the court of justice or the authoritative interpretation by the government. Methods : For study, a database was established for medical lawsuits involving Korean medicine(1968~2009, n=130). Results : According to court rulings, the medical practice in Korean medicine is an act to diagnose a person's illness, prescribe and treat to cure based on traditional Korean medicine, to be understood as a medical care, to have some factor to create or increase danger for the preservation of health or hygiene, and to be practiced by medical specialists based on their professional knowledge. Conclusions : But, such definition is not proper and exceedingly vague. Besides medical circumstances Koreans Medicine are changing, and new precedent to the definition of the practice of medicine is establishing. Therefore the meaning and scope of the medical practice in Korean medicine should be modified and amended, reflecting these conditions.

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한의과대학의 능동적 임상실습을 위한 성찰일지 도입 및 만족도 평가 - 한방 안이비인후피부과학 사례를 중심으로 - (Introduction of Reflective Journals and Satisfaction Evaluation for Active Clinical Practice Model of Colleges and the school of Korean Medicine)

  • 김철윤;서형식;이마음;권강
    • 한방안이비인후피부과학회지
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    • 제32권3호
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    • pp.186-201
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    • 2019
  • Objectives : The aim of this study is to develop clinical practice program using reflective journals in the department of Korean medicine ophthalomology & otolaryngology & dermatology. Methods : It was applied to clinical practice and considered the adequacy of the clinical practice program using reflective journal for students who complete the clinical practice. Result : Students are given high marks for self-directed learning and Korean medicine ophththalomology & otolaryngology & dermatology professional learning.

Study on Oriental Medicine Industry Development in Gyeongsangbukdo

  • Seo, Min-Jun
    • Journal of Evidence-Based Herbal Medicine
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    • 제3권1호
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    • pp.19-23
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    • 2010
  • Gyeongsangbukdo is nation's leading producer of medicinal crop. Based on this, Gyeongbuk-specific measures for the development of oriental medicine industry is proposed. The aim is the development of oriental medicine industry and regional economic in Gyeongbuk. Production, research and development, manufacturing, distribution are constructed in industrial cluster. And each step need a quality control strictly. In production field, make the seed valley of medicinal crop and Good Agricultural Practice park. In research and development field, study on efficacy of oriental medicine with Good Laboratory Practice. In manufacturing field, make industrial park for foods, dietary supplements and drugs with Good Manufacturing Practice. In distribution field, supports advanced distribution program with Good Supply Practice.

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