• The Journal of Korean Medicine
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• v.31 no.1
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• pp.112-121
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• 2010

Objectives: The aim of this study was to reflect upon the process of the legislation of the National Medical Services Law for traditional Korean medicine practitioners (TKM practitioners), especially at the Assembly plenary session of 1951. Methods: Various primary sources related to the legislation were examined, especially those in National Assembly Records and newspapers. Results: In 1950, the National Assembly wanted to establish the National Medical Services Law (國民醫療法) replacing the colonial medical services law (朝鮮醫療令), but it ended in failure. So in 1951, the National Assembly tried again. First, legislator Han Gukwon (韓國源), with 83 other legislators, introduced a bill for the new national health care system. The Society and Health (社會保健委員會) and the Legislation and Judiciary subcommittees (法制司法委員會) deliberated on this bill, and each proposed an amendment to the National Assembly. In the process of careful deliberation of these three proposals, the Ministry of Health and legislator Kim Ikgi (金翼基) each came up with a further amendment. Ultimately, Kim Ikgi's amendment was accepted by the National Assembly. According to his proposal, TKM practitioners were titled 'Hanuisa (漢醫師)', and the medical office name of TKM practitioners became 'Hanuiwon (漢醫院)'. Conclusions: The National Medical Services Law passed in 1951 was the beginning of the unique dual national medical license system of Korea. It recognized Western medicine and TKM practitioners equally under the national license system.

• Journal of Society of Preventive Korean Medicine
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• v.19 no.1
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• pp.35-46
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• 2015

Objective : This study aims to investigate legal and regulatory status of traditional and complementary medicine (T&CM) focusing on regulation on health practitioners and health practice in 33 countries. Method : 33 countries were selected based on several factors such as interest of Korean medical doctors, strategic importance, and distribution over the world. The questionnaire was distributed to Korean embassies in 33 countries in March 2014 through Ministry of Foreign Affairs, and the answers from those countries were collected from April to September. 24 countries that provided sufficient information were included in the analysis. Results : 18 countries have law or regulation on T&CM. Only five countries regulate T&CM practitioners as medical personnel or health practitioner by law, and 12 countries have regulation on license or certificate. Half of 24 countries recognize license of T&CM practitioners issued abroad. There are nine countries that recognize T&CM practice as medical practice, and four of them regulate acupuncture as medical practice by western medical doctors or a few health practitioners recognized by the government. There are six countries that do not recognize T&CM practice as medical practice by law, but regulate it as practice that affect public health, and these countries have law or regulation on T&CM. Conclusion : As T&CM have great impact on public health, many countries have recently legislated law or regulation on T&CM. Rapid change in regulatory status of T&CM affects globalization of Korean medicine. Thus, development of timely strategies will be essential for it.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.243-270
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• 2010

Under the existing law, an act included in medical practice by medical personnel seems to be irrelevant to whether the act concerned in the "Life World" is in the category of medical practice. In spite of the act having been done according to the custom for a long time, and generally done by individuals in the "Life World", these kinds of acts have been banned by law, because if these acts were done by the general individuals, it would be considered as harmful behavior to human life and body. And it is not sure that individuals know such a ban or notification. This cause a "Mistake of Law". Also it is happened if someone knows the existence of law but believes that his/her act is not included. For treating the problem of "Mistake of Law" of unlicensed medical act, in this study I inquired thoroughly into the category and regulation of unlicensed medical act, uncertainty of the Medical Services Law the first Section of Article 27, the prohibition of unlicensed medical act. The "Composition Condition" of the first Section of Article 27 of the Medical Services Law is not certain, it doesn't meet the "Doctrine of Clearance", and it cause the "Mistake of Law". Also it doesn't meet standardization of constitutional state. An exceptional decision of Pusan District Court, the debate about unlicensed medical practice, constitutional decision on unlicensed medical practice of the Constitutional Court of Republic of Korea and point of view of support of regulation. Also I examined the problem of "Mistake of Law" that the regulation of unlicensed medical practice has. I tried to solve uncertainty of "Composition Condition" and proposed a direction of regulation for solving the "Mistake of Law" and the use of existing law.

• Journal of Society of Preventive Korean Medicine
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• v.18 no.3
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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.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.35-57
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• 2014

Recently, there has been fierce argument between oriental and western doctors in the medical field. The use of medical devices has particularly come to the fore lately. Appropriate medical devices are required to diagnose and treat patients' conditions or illnesses accurately. At issue recently in medical device sector are diagnostic instruments using radiation, magnetic resonance imaging, ultrasound, IPL(Intense Pulse Light), and instruments used for tonometry. Relating to this issue, Association of Korean Oriental Medicine and The Association of Korean Medicine are sharply opposed. It is predicted that more accusations of this kind will be seen in the future. As oriental medicine contends, ultrasonic imaging itself seems to cause no harm to humans and its use may have an advantage for national health. The use of western diagnostic equipment can expand the diagnostic range of oriental doctors. However, unless new legislation is made, it is against the law for oriental doctors to use this equipment. Both law and medical science require grounds and predictability on the correctness of a decision and all of its consequences. Additionally, oriental medicine's use of ultrasounds and other medical devices should be established by standards and grounds which make same the diagnosis with repetition. Therefore, the scope of oriental medicine can be expanded following a revision of the Oriental Medicine Promotion Act and it is estimated that the state of national health will be greatly improved by the mutual respect of both sides of the health profession.

• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.235-277
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• 2007

In Product Liability law, the 'defection' of the manufactured products is its key concept, defined in detail. The concept had been already developed through the precedents and theories for the past years even before the PL law was enacted and the concept was listed. Especially, the medicine products need the different approach, because they might directly harm to the human life and body due to their being injected or taken, unlikely other manufactured articles. Since the medical products have the double contradictory functions such as effects and side effects, the defection decisions become so difficult. However, because there are high concerns that wrong medical products will directly harm the human life and body, the decision standards should be more strengthened. The decision standards should include the risk-effect standard as the considered components and make the customer-expecting standard as the final standard. The decision time for defection should be made considering the science technology level when the medical products were provided, not when the accident occurred. It is the most important for the manufacturers to prevent the damages by making and selling the non-defective medicine products for themselves, rather than by taking the legal remedy means afterwards. Therefore, the non-defective guidelines for the medicine manufacturers will help increase the effects and minimize the side-effects.

• 대한예방의학회:학술대회논문집
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• 2000.10a
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• pp.193-194
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• 2000

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.59-80
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• 2014

The Medical Affairs Law regulates that Medical Doctor and Korean Medical Doctor(KMD) can practice in the boundary of each licence. But there is no clear provision to explain what practice in the boundary of MD's permitted region and what is KMD's. Moreover practice over the boundary of licence could be punished as a violation of the Law. KMD's use of medical devices have been objects of legal conflicts in the field. Because there is no clear provision in the Law, judical precedents have played the role as practical and final regulations. In this study, analyses on some judical precedents could show some rationales whether an issued KMD's use of medical devices is in the boundary of license. The courts considered the theories based on the practice, the level of required specialty and education, and the probability of danger to a patient. The judical precedents should be reviewed more precisely in the respects that it is adaptable in "the written law system"and it is desirable to divide boundaries between MD's and KMD's.

• Journal of Physiology & Pathology in Korean Medicine
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• v.26 no.5
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• pp.588-598
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• 2012

The aim of this study is to reflect on the issues of the National Medical Services Law for Korean medicine practitioners (KM practitioners) in Korea, especially those discussed at the Assembly plenary session in 1951. In 1951, the National Assembly wanted to establish the National Medical Services Law (國民醫療法) replacing the colonial medical services law (朝鮮醫療令). Consequently the National Assembly passed the law establishing the license level of KM practitioners equal to that of Western practitioners. But the progress of establishing the law was not easy. There was much dispute over the KM practitioners system amongst the legislators at the Assembly plenary session in 1951. One of the main dispute was about setting the license level of KM practitioners. There were two main positions. One insisted that the license level of KM practitioners should be equal to that of Western practitioners. They had many reasons to support their contended point. From a historical, social, economical, medical and institutional point of view, they argued that the people had needed the KM and thus the new founded Korea had to reflect this situation. The other insisted that the license level of KM practitioners should be below that of Western practitioners. The reason was mainly that the KM was not scientific. This study concludes that the argument of the former was superior to the latter in quantity and quality.

• 대한예방의학회:학술대회논문집
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• 2002.10a
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• pp.235-236
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• 2002