• 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.

• 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.

• Korean Journal of Acupuncture
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• v.28 no.3
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• pp.99-111
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• 2011

Objectives : The aim of this study is to estimate traditional Korean medicine (TKM) practitioners' awareness and attitudes about acupuncture clinical study toward evidence based medicine (EBM). Methods : We conducted two surveys before and after the workshop. First survey, about the awareness and attitudes toward EBM was carried out with questionnaire. Second survey, about their changes in the attitudes toward EBM after the workshop was carried out with on-line questionnaire. Results : 70.0 % of respondents shows interest in the trends of clinical research. In contrast, 26.0 % of respondents used to search papers by themselves. 30.3 % of respondents reported that they apply the result of researches to their practice. 41.0 % of respondents thought that case study is needed for their practice, whereas 29.5 % responded that randomized controlled trial is most important. In the second survey, the attitudes toward EBM were changes positive. fair number of respondents usually get information from data regardless of EBM for their practice, but 23.5 % of respondents refer to the journals. Conclusions : The awareness and needs for education on the attendees toward EBM is quite high, and the effect of education is possibly influential. We expect the improvement on the refresher and the extension of education course for practitioners, and undergraduate curriculum.

• Journal of Korean Medicine Rehabilitation
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• v.19 no.1
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• pp.213-224
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• 2009

Objectives : The purpose of this study was to fine out life nurturing level according to health practice. Methods : The subjects for this study were 2114 industrial workers. Data were collected by using constructed questionnaires and analyzed by t-test, one-way ANOVA. Results : 1. There were statistically significant differences in life nurturing level according to general characteristics-age, marital status, job tenures, income. 2. The higher life nurturing level was showed in high aged, married, long job tenures and high income group. 3. There were statistically significant differences in life nurturing level according to health practice, especially non-smoking, non-drinking, regular exercise and sufficient sleeping group were higher in life nurturing level. Conclusions : This study suggests that health practice is related to life nurturing level and that the introduction of desirable health practice can contribute to life nurturing level.

• Journal of Korean Traditional Oncology
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• v.21 no.1
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• pp.1-14
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• 2016

The incidence rate of cervical cancer in Korea is still higher than in other developed countries, notwithstanding the national mass screening program. Cervical cancer prognosis is good due to an effective treatment such as surgery or radiation therapy, concurrent chemotherapy in the early stage. However, it is still a poor prognosis when advanced stage or recurrent. Some studies said that combined oriental and western medicine can improve the survival, quality of life, immune function, and decrease side effects in cervical cancer. In the western medical part, clinical practice guideline was published in 2006, 2007 and 2010 in Korea. In China, oriental medicine clinical practice guideline have been published in 2014. But there is no Korean medicine clinical practice guideline. This study will introduce the methods of diagnosis and the medical therapeutics which is commonly utilized for cervical cancer in Korea, and existing Korean medicine clinical practice guideline for Disease Analysis and Treatment (辨證論治). This study will be a meaningful study to establish clinical practice guidelines of Korean Medicine for cervical cancer.

• Journal of Haehwa Medicine
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• v.24 no.2
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• pp.65-83
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• 2016

Objectives : The purpose of this study is to present the clinical practice guidelines for colorectal cancer through the analysis of existing clinical practice guidelines and randomised clinical trials (RCTs) in Western and Chinese medicine. Methods : The data related to Western and Oriental medical treatment of colorectal cancer were collected using various search engines such as Google Scholar, KIOM OASIS, PUBMED and Jisan library of Daejeon university. Results & Discussion : Colorectal cancer is the third most common cancer in Korea. In recent studies, applying combined oriental and western medicine can improve the survival, quality of life, immune function, and suppress of tumor growth in colorectal cancer. However there isn't still an objective and systemic clinical guideline for colorectal cancer, so we have difficulty in clinical application. This study will be a preliminary study to establish clinical practice guidelines of Korean Medicine for colorectal cancer. Conclusions : Further objective and systemic clinical studies related to Korean Medicine are needed to develop more advanced clinical practice guidelines of colorectal cancer.

• The Journal of Korean Medicine Ophthalmology and Otolaryngology and Dermatology
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• v.25 no.2
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• pp.38-48
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• 2012

Background : The atopic dermatitis patient and their families are looking for safer herb-medicine treatments that possess therapeutic effects, but without the recurrence of symptoms and long-term harmful consequences that can result from other treatment. However, for many reasons, including methodological difficulties and lack of high quality study like randomized clinical study and systematic review, there are no consistent clinical guide line for atopic dermatitis in Traditional Korean Medicine. Objectives : Evidence-based clinical practice guidelines support clinical decision-making by making recommendations to guide clinical practice. The purpose of this study was to develop Traditional Korean Medicine clinical practice guideline for atopic dermatitis Result : The future guide should be based on scientific evidence and include the followings: (1) diagnosis of atopic dermatitis (2) the pattern identification of atopic dermatitis (3) classification of Sasang Constitution (4) efficacy assessment (5) treatment guideline (6) education for patients and care givers Conclusion : The development of Traditional Korean Medicine clinical practice guideline for atopic dermatitis is needed.

• Korean Journal of Oriental Medicine
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• v.14 no.2
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• pp.27-33
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• 2008

Alimentotherapy refers to the treatment or prevention by means of food. As food is consumed in everyday life and its constituents varies enormously. the practice of alimentotherapy was often misunderstood. By the research on ancient classics we could find 3 prospective about this practice. Firstly, alimentotherapy was used during the recovery and also for prevention. This is a type of Life-nurturing method, which we suggest to be called life-nurturing alimentotherapy. Secondly, it was also used as a dietary prescription made by physicians. Sometimes they made prescriptions combining materials derived from food with herbal medication. This practice was exclusively made by physicians as they had to consider the characteristic of each food as well as the condition of the patient. Thirdly, sometime alimentotherapy was used in cuisine form. They used food components in major part and herbal medicine used as additional ingredients. It was primarily focused on the taste and in some part its functional aspects. The underlying theories in alimentotherapy is exactly the same as used for understanding herbal medicine in TKM. Therefore, except in the case of life-nurturing method, it should be used by expert physicians. Finally, we suggest to differentiate the terms of alimentotherapy in the aspect of life-nurturing, dietary prescriptions and cuisine to prevent confusions.

• Journal of Acupuncture Research
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• v.24 no.1
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• pp.99-110
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• 2007

Objectives : This study was performed to evaluate a recent status of acupunctural treatment in pediatric practice. Methods: 660,893 children, who visited HAMSOA oriental clinic from January 2004 to December 2005 was screened to decide the number treated with acupuncture, the diagnosis and the type of acupuncture. In addition, the questionnaire for clinician about acupuncture therapy was performed and analysed to understand their applications. Results: The number treated with acupuncture was 69,797, 10.56%. Classified with ages, 3 months and below was 729 (1.7%), 1 year - 3 months was 5,035 (11.80%), 2 year - 1 year was 6,875 (16.10%), 3 year - 2 year was 5,540 (12.98%), 6 year - 3 year was 12.636 (31.94%) and 6 year and above was 10,876 (25.48%). The most frequent diagnosis taken acupuncture was atopic dermatitis (14.93%) and the next was rhinitis (13.80%). The most frequent type of acupuncture was laser acupuncture. The clinicians answered questionnaire agreed that acupuncture therapy is effective for pediatric disease treatment and fear about acupuncture of young patients was the most important obstacle. Conclusion : The acupuncture therapy in pediatric practice is not so frequent treatment but in increasing stage. Futhermore, in-depth research about acupuncture therapy in pediatrics is demanded.

• 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.