• 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.