• Journal of Society of Preventive Korean Medicine
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• v.23 no.1
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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.

• Journal of Korean society of Dental Hygiene
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• v.13 no.2
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• pp.211-220
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• 2013

Objectives : This study intended to figure out illegal treatment by unlicensed person in dental area and factors, which were considered as user's position on the basis of the local community investigation of health conditions in chungbuk provinces in 2008. Methods : This study used chi-square test and complex sample design of multi-variate logistic regression analysis to question 12,443 peoples who have experience on illegal dental treatment. Results : Multi-variate logistic regression analysis results showed that factors having related to illegal dental treatment are sex, age, education standards, subjective awareness of oral health condition, drinking experience of lifetime, unmet need of dental treatment, chewing difficulty, use of dentures, experience of scaling and the use of interdental care instrument. Conclusions : As a result of this study, in order to root out illegal dental treatment, we need to expand the breadth of health insurance coverage so that it can reduce the burden of dental expenses. Moreover, we need to set out health service of public oral health to inform the importances of maintaining good oral health and the problems of illegal dental treatment by unlicensed person.

• Journal of dental hygiene science
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• v.7 no.3
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• pp.113-119
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• 2007

This study attempts to find factors contributing to the use pattern of prosthetics by investigating the current condition of prosthetics for the aged of over 65 years old by place of practice. Among those of over 65 years old who live in Gangnam-gu, Seocho-gu, Seongbuk-gu, and Gwanak-gu of Seoul and use the apartment senior's center, those having prosthetics were selected as subjects of this study, and this study was conducted in forms of interview and record. Findings of this study are summarized as follows: First, in regard of the state of prosthetics and relevant symptoms in the mouth according to the place of prosthetics practice, there was significant difference in the questions except the medical benefit of prosthetics between unlicensed facilities and dental clinics and hospitals. Second, regarding difference in satisfaction according to the place of prosthetics practice, dental clinics and hospitals showed a higher level of aesthetic satisfaction than unlicensed facilities. For difference in satisfaction at pronunciation, chewing, pain, a sense of foreign body, and holding power, dental clinics and hospitals showed a higher level than unlicensed facilities, Third, after factor analysis on the perception factors of unlicensed treatment and dental treatment, unlicensed facilities showed the highest level of reliability, and then convenience, word of mouth, and modernity in order. Dental clinics and hospitals also showed the highest level of reliability, however, and then convenience, modernity, and word of mouth in order. Fourth, as a consequence of analyzing the factors to influence the use pattern of prosthetics, regarding residential pattern, there were higher possibilities to use dental clinics and hospitals when the subjects lived together with their children and in Gangnam, and the more were the number of pyeong for the residence, pocket money, medical expense, and property in their name, compared to unlicensed facilities. In conclusion, economic factors appear to be the most important factors in selecting facilities for denture prosthodontics. Therefore, it is important to ensure the denture prosthodontics for the elderly are reimbursable so that they can enjoy a healthier life.

• Journal of dental hygiene science
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• v.4 no.3
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• pp.117-126
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• 2004

For a month of September, 2004, a questionnaire regarding dental hygiene was distributed to 165 workers of Ulsan area. A total of 125 questionnaire were analyzed: 102 collected of the distributed 165 pieces, and 23 questionnaires reported by patients of a dental clinic in Dong-gu, Woolsan. The result is as follows; (1) Labor workers of Ulsan have thought that they are in good dental health, 44.1% of respondents, following by those who they believe they are in moderate health and those who they think are in poor condition. 89.0% of total workers have experienced dental treatment. (2) Regarding the location of dental treatment, 85.0% of respondents have pointed out dental hospitals and clinics, while 3.9% have indicated that they had treatment from unlicensed dentists. Specifically, workers in their 40s over have ever experienced dental treatment by unlicensed dentists. Those who think they are in poor dental condition have tended to have more dental treatment by unlicensed dentists. (3) Regarding the reason that they put off the treatment, 59.1% of respondents have indicated that they have no time to have the treatment, following by economic burden and the lack of confidence in dentists. When they have tooth aches or the gum ache, 60% of respondents have suggested that they endure the ache or take a medicine to alleviate the pain, showing a lower understanding of early dental treatment. (4) Regarding the reason why they are unwilling to go to dentists, respondents have revealed the anxiety against pain, 50.4%, following by the difficulty of scheduling and unsatisfied services. (5) 47.2% of respondents have brushed their teeth 3 times everyday, following by those who have done it 2 times a day and those one a day. Regarding how to brush the teeth, most of respondents have brushed their teeth in the upper, lower, and the both side, 61.4%. The younger respondents and those who think they are in good dental health have tended to brush their teeth up and down. (6) Regarding the cause of the gum disease, 67.7% of respondents have thought that it is caused by poor dental hygiene, following by natural occurrence due to age, hereditary nature, and physical predisposition. (7) 67.7% of respondents have experienced dental scaling, while 32.3% of them have had no experience in it. 53.5% of workers have thought that scaling may not be recommended since they have the teeth scaled periodically once they had dental scaling, a higher rate than 46.5% who think scaling is good for the gum health.

• 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 Health Education and Promotion
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• v.10 no.1
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• pp.34-60
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• 1993

This study was done for the improvement of dental health of rural villagers and the dental health education, through finding of the types of brushing teeth and dental treatment of 812 people in Sunsan, Kyungpook province for 35days from March 27 to April 30 in 1992. Summaries are as follows ; 1. 58.5 percent of respondents were women, 56.3 percent were 40′s, 28.0 percent were 30′s, 12.3 percent were 50′s, and the over 60′s were 3.4 percent Elementary school graduates were 36.1 percent and most of them were middle school graduates, 33.5 percent. In view of the occupation, farmers were 56.5 percent, factory workers were 17.9 percent, the middle class (monthly pay amounting to 500,000∼990,000 won) were 49 percent and the lower class(less than 500,000 won) were 30.9 percent. In the standpoint of religion, Buddhists were 42.5 percent. 2. In the number and times of respondents brushing, 35.5 percent is "after dinner", 25.6 percent is "Before going to bed", 15.8 percent is "After breakfast", 13.3 percent is "After every meal", 5.2 percent is "Before breakfast" and 4.7 percent is "The sometimes it occurs to them". 3. The acquirement process of knowledge on the dental health were clinics or health center dentists (27.6%), TV(24.5%), magazine(9.2%), school(7.8%), relatives(5.3%). and 25.6 percent has never acquired. 28.3 percent of the farmers learned something by clinics and 28.1 percent of them haven′t heard about dental health. 4. The rate of persons who experienced oral diseases during 1 year period was 76.1 percent, and that of the educated was 19.9 percent and that of the uneducated 80.1 percent. The authorities concerned with treatment were dentist′s(41.6%), health center(30.3%), and the unlicensed person(2.9%). The rate of negligence was 6.3 percent, farmers experienced oral disease was 75.2 percent and they utilized the health center most often(36.2%). 5. The rate of person who had experienced dental prosthesis during ten year period was 71.9 percent, and the final place or man for dental prosthesis was dental clinic(59.4%), the unlicensed person(27.1%), and health center(13.5%). The rate of farmers experienced dental prosthesis was 70.4 percent. They utilized the dental clinic, the unlicensed person and the health center with the rates of 51.5 percent, 32.2 percent, and 16.7 percent respectively. 6. As to the results of dental prosthesis using the dental clinic, "being satisfied now" was 72.4 percent, "being dissatisfied" 14.4 percent, "being unable to use it" 3.1 percent, "its being somewhat usable" 10.1 percent, "having some problem" 38.7 percent, and "there being no problems" 61.3 percent. About utilizing the unlicensed person, "being satisfied now" was 65.8 percent, "being dissatisfied" was 10.7 percent, "being unable to use it" 5.1 percent and "its being some what usable" was 18.4 percent. 7. The rate of missing teeth holders amounted to 89.8 percent, the rate of the educated to the uneducated was 19.2 percent to 80.8 percent The reasons of neglecting that illness were due to "Endurable"(28.3%), and "No money" (24.3%). In the case of farmers 89.1 percent of them were the missing-teeth holders, the "Endurable" were 29.8 7. percent, and "No money" lay in 27.4 percent. 8. Their hopeful centers for dental prosthesis were the dental clinics(76.6%), and the health center(16.9%).

• The Journal of Korean Medical History
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• v.28 no.1
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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.

• Research in Community and Public Health Nursing
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• v.8 no.1
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• pp.116-132
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• 1997

The purpose of the study is to find out how laws related to the nursing profession can be improved by analyzing the rules and regulations concerning nursing. Furthermore, to help settle legal matters in the process of doing nursing work. The data used for the study are the Health and Medical Act, the Maternal and Child Health Act, the School Health Act, the Special Act for Health and Medical Service in Rural Areas, the Industrial Health & Safety Act and the Notice on Nursing Professional Courses analyzed by age and content. The results of the study are as follows : First, basic nursing practice includes 'nursing care for recuperation and assistance in medical treatment and in special areas including the pre-vention of disease, maintenance of health, control of environment, and other therapeutic activities. It is suggested that the phrase 'assistance in medical treatment' should be eliminated as it limits the basic nursing practice to the assistance of the medical treatment. Second, Article 56 of the Health & Medical Act prescribes a special nurse but it does not prescribe a specific job. Accordingly, the new provison concerning the specific jobs of a special nurse should be added or a job guide should be inseated. Third, it is prescribed that those who have completed the training course after obtaining a license are qualified to be a midwife, a special nurse and a nurse practitioner working in special areas. However, school nurses, occupational health nurses and maternal and health workers are required to obtain a nurse license, but not to take an additional training course. Nurses working in special areas should be legally recognized as nurse specialists. The regulations to control various qualification standards consistently should be established. Fourth, the qualifications and types of nurses by area prescribed by Article 54 of the Health and Medical Act are not consistent with those of special nurses as recognized by affiliated organizations of the Korean Nurse Association and some hospitals. Accordingly, the qualifications and types of special nurses should be adjusted in consideration of special nurses. Fifth, as Article 16, Paragraph 2 of the Health and Medical Act does not prescribe the type and scope of first - aid treatment that nurses can provide, the first-aid treatment of nurses might be considered as an unlicensed practice. The specific regulations regarding these matters should be established. Sixth, the contents of the nursing record, which are prescribed by Article 21 of the Health and Medical Act as a duty, include 1) matters concerning body temperature, pulse, breath and blood pressure 2) matters concerning drug prescription 3) matters concerning input and output 4) matters concerning the treatment and nursing care (Article 17 of the Enforcement Regulations, Health and Medical Act). However, these matters are limited to basic nursing care and assistance in medical treatment. The new recording methods on nursing process are suggested to be adopted legally. Seventh, the prescription right entrusted to nurses which are prescribed by the School Health Act, the Special Act on Health and Medical Service for Rural Areas, and the Industrial Health and Safety Act are not consistent with the rights of nurses as prescribed by the Health and Medical Act. New regulations prescribing the partial right for medical treatment entrusted to nurses in consideration of the restraint of time and place in emergency situations should be established.

• The Korean Society of Law and Medicine
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• v.22 no.2
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• pp.111-138
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• 2021

'Unlicensed medical practice by a non-medical practitioner' often represented by surrogate surgery or so-called 'ghost surgery,' causes irreparable damage to life or body, and therefore calls for very strict and effective controls. The 'bill on installment of CCTVs in an operating room' to prevent unlicensed surrogate surgery has been discussed for a long time, but due to numerous issues and heated confrontations, it has been pending in the National Assembly. Nevertheless, it is expected that the bill will be discussed again in earnest in the National Assembly because surrogate surgery and factory-type cosmetic surgery, which has been performed mainly in the field of cosmetic surgery, has also been occurring in the field of therapeutic surgery. In general, an operating room is considered as being locked or closed, as well as disallowing implicit complicity among insiders. Hence, if the insiders conspire to commit or cover up an illegal act, or if a surgeon performs rapid cosmetic surgery and then leaves the recipient (or medical institution) so as to perform more operations for profit - even if it is legitimate practice - it may result in serious consequences in terms of the recovery of a patient. In this case, installation of CCTVs can be of great help in identifying an illegal act and assessing any occurrence of negligence. On the other hand, while the fundamental purpose of therapeutic surgery is to restore a patient's life or body - that is, lifesaving - installation of CCTVs may base the relationship between a surgeon and a patient on distrust and surveillance, so it may increase the number of requests for CCTV footage or lead to more disputes, as well as placing a burden on the surgeon when best results are not achieved for a patient. As a result, the surgeon may choose non-invasive treatment contrary to conscience instead of risky but necessary surgery, or he/she may have significant difficulty in determining the timing of surgery, which may limit the provision of effective surgical medical care. Then, in terms of the relationship between a surgeon and patient, and in the long run, there could be significant disadvantages for the public and patients if CCTV footage is allowed. In this paper, we review domestic and overseas cases and issues regarding installation of CCTVs in an operating room, and present various viewpoints and suggestions to promote legislation with minimized legal problems and side effects, thereby contributing to protection of the lives and health of the public, patients, and recipients of surgery.

• Journal of Technologic Dentistry
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• v.13 no.1
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• pp.79-97
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• 1991

To improve the management of dental laboratory through the research on the actual condition, this study posed questions on 36 dental laboratories. The results are as follows : 1. The establishment of dental laboratory in Chunbuk was increased between in 1980 and 1986. Especially it has been more increased since 1989. According to the proportion of population the number of the dental laboratories in Chunbuk was much more than that of other provinces and took the first place in september 1990. 2. The ratio between the unlicensed dental technician and the licensed was 24.83% and 67.11% each . The former must be replaced by the licensed. And the latter ought to try to improve their culture and technique. 3. Overtime payment must be paid for those who work above eight hours. 4. It takes 5 days at a minimum for the production of dental prosthesis with both stability and esthetics. 5. Every Saturday afternoon, Sunday and national holiday must be free. 6. Bonus must be paid 600% a year at a minimum. The system of retirement allowance should be active. All dental technicians ought to be affliated with their labor union and medica insurance. 7. Such dental restoration as porcelain and crown and bridge prosthesis must by increased to a degree between 30% and 50% at a minimum and the reduction system of charge for a dental technique has to be abolished. 8. The general working conditions of dental laboratory, especially pay and working hour must be improved. 9. To advance the service improvement of dental treatment and the banishment of illegal one, the medical insurance of crown and bridge prosthesis must be generally practised. 10. Ill case of the staff cull:lloyulent of dental laboratory, minimem wage system must be observed. 11. Directing dentist system on the ertablisment of dental laboratory must be abelished or wholly improved.