• Journal of the Korean Home Economics Association
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• v.41 no.11
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• pp.113-121
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• 2003

Recently the status of oriental medicine in Korea has been more increased as the alternative medicine which overcome the limitations of western medicine. With the increased status, the development of the oriental medical doctor's gown which is distinguished from that of western medical doctor has been brought up among the oriental medical doctors' group since the middle of 1990. We carried out the former study to know the development's direction of the present oriental medical doctor's gown by the survey the requisites for the oriental medical doctor's gown which they want(OK Suh, 2002). We aim to propose the developed design of the oriental medical doctor's gown which meet their request and has honored tradition according to the data of the former survey. As the result of the production designing of the oriental medical doctor's gown considering tradition, practicality, appreciation of the beautiful etc., in our study, we could lead to distribute 800 gowns through the Association of Korean Oriental Medicine supporting by the brand of Amorepacific's Sulhasoo.

• Journal of Society of Preventive Korean Medicine
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• v.9 no.1
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• pp.1-16
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• 2005

This study was conducted to identify the needs of introducing new medical specialties in oriental medicine. Three stakeholders in introducing new oriental medical specialties are oriental medical doctors, policy makers and medical consumers. Of the three, this study intended to focus on opinions of oriental medical doctors. About 1,150 self-administered questionaries were sent to the potential respondents, 320 specialists, 250 interns & residents and 580 private oriental medicine practitioners, and 480 doctors responded. The study revealed that 62% of respondents showed negative attitudes towards the introduction of new oriental medicine specialties. The private oriental medical practitioners were more likely not in favor of adding new medical boardmanship. The reasons of objection were as follows : First, it is more important to enrich the existing oriental medical boardmanship (70%). Second, the newly established specialties are most likely to be weakened(15%). The study revealed that the first and most likely specialties to be introduced was Chuna(18%), subspecialization of oriental internal medicine (15.8%), the next oriental family medicine (15.1%) and so on. And the second specialties to be desired most by the respondents were (1) cooperative medicine between the westem and oriental medicine (28%), (2) oriental preventive medicine (17.4%) and (3) oriental family medicine (16.8%). Caution must be exercised in introducing new oriental medicine specialties. The failures of western medicine in the operation of its specialist production should carefully by examined here.

• Journal of Society of Preventive Korean Medicine
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• v.22 no.3
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• pp.45-60
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• 2018

Background : There have been a variety of healthcare systems related to CAM practitioners developed in each country. However, the European cases have not been widely introduced in Korea so far. In the case of Germany, CAM practices have been developed in the frame of "Heilpraktiker" system. Objectives : The objectives of this study were to review the historical development and current situation of German Heilpraktiker system and its conflicting relationship with Western medical doctors, in order to utilize it as basic data for the conflict resolution between Western- and KM doctors in Korea. Methods : The historical development, current regulations and education system of Heilpraktiker were assessed. Research articles, reports, government publications and websites dealing with this issue were searched for and analyzed. Results : Heilpraktiker system was developed within German historical and cultural situation where naturopathic traditions were reilluminated in connection with modernization process of the state under the influence of romanticism formulating German nationalism. Between the concept of "Kurierverbot"(prohibition on medical treatment by non-physicians) and "Kurierfreiheit"(freedom of medical treatment), Heilpraktiker achieved a limited but legitimated right to conduct non-biomedical treatments from the state in the process of the formulation of modern German medical system. In this process, the conflicts between medical doctors and heilpraktikers have been also growing up to now. Conclusions : Heilpraktiker system, officially recognized with the legislation of Heilpraktiker law in 1939, stands at a crossroads between the continual development through strengthening its professionality, and abolition of the system due to its lack of quality control and medical evidence mostly argued by Western medical doctors, which has considerable implications for Korean situations in terms of the conflicting relationship between KM- and Western medical doctors. In this regard, it is necessary to discuss the debates on the concept "Kurierfreiheit"(freedom of medical treatment) developed within German tradition of medical pluralism.

• The Journal of Korean Medical History
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• v.26 no.2
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• pp.175-185
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• 2013

Purpose : The current Medical Law and the Pharmaceutical Affairs Act, which are incapable of utilizing the research results and the advanced academic, clinical, and pharmaceutical system of the present-day Korean (Oriental) medicine, have limitations and create a paradox by provoking social conflict among the professionals in the field. The aim of this study was to find out the legal and systematic problems that contributed to a complicated conflict amongst Korean (Oriental) medicine doctors, doctors, pharmacists, and Korean (Oriental) pharmacists regarding the classification of their functions. Methods : We reviewed the history and characteristics of the legislation regarding the duties of Korean (Oriental) medicine doctors and Korean (Oriental) pharmacists as well as the relevant and important public health policies since the enactment of the National Medical Services Law in 1951. We focused on the laws and regulations that are made in the process of the separating functions of physicians and pharmacists and the dispute between the Korean (Oriental) medicine doctors and the Korean (Oriental) pharmacists in the 1990s and 2000s. Results : The legislations and amendments of the medical and pharmaceutical laws and regulations that reflect the modern academic, clinical, and pharmaceutical system of the Korean (Oriental) medicine and the research results could be summarized as follows: 1) A partial amendment of the Medical Law in 1987, which added the provision of "Oriental health guidance" as one of the duties of Korean (Oriental) medicine doctors, assured a place for Korean (Oriental) medicine doctors in the field of public health. 2) A partial revision of Pharmaceutical Affairs Act in 1994 established a new system for Korean (Oriental) pharmacists, bringing about the creation of dualistic pharmaceutical system that complements the dualistic medical system. 3) The Promotion of the Research and Development of Wonder Drugs by Using Natural Substances Act was legislated in 2000 in order to stimulate research and development of Korean (Oriental) medicine and its industrialization. 4) Oriental Medicine Promotion Act in 2003 was enacted to lay foundation to specify and promote technology and industry that are related to Korean (Oriental) medicine. Discussions and conclusions : Although the dualistic medical and pharmaceutical system is set up by the Medical Law and Pharmaceutical Affairs Act, it is shown that the relevant regulations have been developed from a perspective of the western medicine.

• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.9-56
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• 2008

The medical practice does not always get a satisfatory result since the disease progress of patients are depended on patients' physical constitution and the doctors cannot control the outcomes about patients' physiological and biological reaction after the treatment. Moreover, the medical practice may bring wrong result fatalistically because of the unpredictablility of life. To demand for compensation of the damage to the doctors about these wrong result, the patient side holds the burden of proof that is between medical practice and demage, and there is damage from doctor's malpractice according to the accepted theory about the fundamental principle of distribution of the burden of proof. This falls not only under the liability of Tort Law, but also liability of Contract Law. However, the patient may be in difficult situation to prove the malpractice of doctors since he or she cannot recognize the facts because he or she was in unconscious while the medical practice was conducted, or they cannot judge precisely even though they recognize the facts. Nevertheless, the lawsuits against medical malpractice are the field that never achieves the equality of arms since the most of the evidence belong to the doctor's side. Hence, to maintain the principle of the equality of arms under the constitution, the theory leads to alleviate the burden of proof that patients hold. However, the doctors cannot be asked for the burden of proof that they conduct medical practice without errors. Because the doctors may experience difficulty to prove their innocence as the patients because of the unique characteristic that medical practices have. Therefore, the methods of the alleviation of the patient's burden of proof should have the equality of arms and the equal opportunity between the patients and the doctors with the evaluation of the justifiable interest from both the patients and the doctors. As the methods of the alleviation of the burden of proof, the alleviation of the demands and the degree of the burden of proof or resolutely the conversion of the burden may be considered. However, Recognizing the exception from general principle with converting the burden of proof is not proper in principle because the doctors may experience difficulty of the proof as the patients may have. If the difficulty of proof can be resolved by alleviating of the demands and the degree of the burden of proof, it is more desirable resolution rather than converting the burden of proof.

• Journal of Acupuncture Research
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• v.22 no.5
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• pp.141-150
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• 2005

Objectives : This study was accomplished in order to find out how Korean medical doctors take acupuncture prescription for knee osteoarthritis in clinical practice Methods : The survey questions were developed by the consensus from 4 professors and 10 residents who major in acupuncture & moxibustion for developing clinical trial protocol on individualized acupuncture treatment for knee osteoarthritis. 206 persons having more than 10 years experience were randomly selected from a list of Korean medical doctors. Telephone interviews with them were conducted by the well-trained interviewers between May 21 and May 27 in 2005. Results : 139 of 206 Korean medical doctors made an acupuncture prescription prior to treatment of knee osteoarthritis. 103 of 139 Korean medical doctors used both local and remote points, and 26 of them used remote points only, and 10 of them used local points only. In case of doctors who use remote points, the five element (45 of 129) or Saam (28 of 129) acupoints were used dominantly, and its was based on the pattern identification of the Jangbu organs related with the pain (56 of 129) or of the pain location (35 of 129). Conclusion : This study showed that Koran medical doctors prefer to use remote points such as five element or Saam acupoints based on the pattern identification of the Jangbu organs related with the pain or the pain location. These result may be useful for developing protocols for clinical trial on acupuncture on knee osteoarthritis.

• The Journal of Internal Korean Medicine
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• v.40 no.6
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• pp.1179-1192
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• 2019

Objectives: The purpose of this study was to prepare basic data to build an Oriental medicine support system for sexual violence victims through a survey on perceptions of Korean medical doctors about sexual violence. Methods: From 18 September 2019 to 24 September 2019, the online survey was conducted by both Korean medical doctors and students of the Korean Medical College. Thereafter, a quantitative statistical analysis was conducted on data from a total of 1,011 respondents, including 749 doctors and 262 students. Results and Conclusions: Many of the doctors and the students who answered were not fully aware of public services and legal systems related to sexual violence. Most Korean doctors had very little experience in treating victims of sexual violence. Most respondents thought that the number of designated Oriental medicine institutions for sexual violence victims should increase, and related education and Oriental medicine manuals would be essential. Most respondents said that information about trauma treatment would be essential. In addition, the Korean medicine group showed overall good scores in the perception of sexual violence. However, there were statistically significant differences in perception between males and female, and among age groups. We hope that this study could be used as basic data for establishing an Oriental medicine support system for sexual violence victims.

• Journal of Society of Preventive Korean Medicine
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• v.27 no.3
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• pp.13-24
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• 2023

Objective : This study was aimed to reassess the scope of practice for medical personnel based on laws. Method : The law specifying the scope of practice for medical personnel has been selected searching Korean Law Information Center(https://www.law.gov.kr). The result was categorized as 'examination, diagnosis, treatment, procedure, prescription, and others'. Results : The laws related to medical procedures were divided into three categories: diagnosis, treatments, and public health and others. In the field of diagnosis, traditional Korean medicine practitioners are generally allowed to play a role. However, some laws specify that only medical doctors can be the primary authorities for diagnosing infectious diseases. In the area of treatments, particularly in emergency medical situations, only medical doctors or nurses are typically mentioned. There are debates in the field of public health and other areas concerning issues such as vaccination, disability diagnosis, and the qualifications for health center directors. A reevaluation is also needed for the Occupational Safety and Health Act, where only medical doctors are set as the personnel standard for workers' health examinations. Conclusion : To safeguard and promote the health of the citizens, there is a need for a clear definition of the licensure and scope of practice for healthcare professionals. Consistent interpretation of conflicting provisions among various laws and clear criteria for the term 'physician' in legal contexts are essential.

• Korean Journal of Acupuncture
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• v.19 no.2
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• pp.149-165
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• 2002

Objective : We proposed fundmental rules of prospective on legal and institutional position and role of Korean medicine doctors working at public health center. Methods : By the result of this research on the current situation, the grade and allowance given to the Korean medicine doctors working at public health center were different every self-governing body. Results : The reason the Korean Medicine Doctor can't serve as a regular order of 5th grade is that the 'The Enforcement Regulation about Administrative Organization and the Standard of Pixed Number of person of Self-Governing Body(지방자치단체의 행정기구와 정원기준등에 관한 규정 시행규칙)' prescribes the number of regular order of 5th grade is regulated within 7% among the number of regular order officials. But not appointing to office as the regular order of 5th grade infringes on the Constitution, the highest law. The reason the Korean Medicine Doctors can't be appointed to office as the regular order officials by the self-governing body is that 'The Enforcement Order of the Law of Preservation of good health of Local Area(지역보건법시행령)' prescribes the Korean Medicine Doctors are not indispensable to Public Health Center. But in fact, the Korean Medicine Doctors can execute many kinds of work such as medical examination or instructing house nursing. Conclusion : The Korean Medicine Doctors working at Public Health Center serve at low positions as daily use or common use, not receiving a regular order. All laws including the Constitution(헌법), the Medical Services Law(의료법), the Law of Preservation of good health of Local Area(지역보건법), the National Public Service Law(국가공무원법), the Local Public Service Law(지방공무원법) and the Law of Higher Education Law(고등교육법) describe that the Korean Medicine Doctors and the Western Medicine Doctors are equal to their position and right.

• Journal of Acupuncture Research
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• v.25 no.6
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• pp.23-33
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• 2008

Objectives : The study was accomplished to find out how korean medical doctor take oriental medical service for hypertension patients in clinical practice Methods : Survey questions were developed based on consensus of 2 clinician, 2 oriental internal medicine specialist and 1 acupuncture specialist. The list of the Korean oriental medical doctors is provided by the Association of the Korean Oriental Medicine. The questionnaire were distributed via E-mail to 9,465 members of Korean oriental medical doctors from 19th August 2008 to 11th September 2008. One thousand sixty three(11.24% of 9,465) members completed answer and the computerized data were analyzed by SAS statistical program Results : Fifty-one percent of Korean oriental medical doctors has experienced hypertension treatment. The most common medical diagnosis method was pattern diagnosis(64.2%). Saam and five element acupuncture were as frequent as 32.3% of acupuncture prescription principle. The most common acupuncture points were region of shoulder and back acupoints inclued $GB_{21}$, $GV_{14}$(25%). The most common herbs prescription principle were 'constitution prescription'(35.4%), 'pattern prescription'(12.6%). The most common opinion for the revitalization of oriental medical service were 'medical insurance system of herbal medicine'(28.8%) and 'research of oriental medical treatments in hypertensive patients'(26.8%). Conclusions : This survey provides unique insight into the perception, treatment method of the Korea medical doctor at oriental medical service for hypertension patient. This study provides a wealth of information and a fresh raft of questions which will inform future research and policy-making.