Posted on 01/26/2023 07:47Modified on 01/26/2023 08:35

제보

Not a violation of the Medical Service Act for using ultrasonic diagnostic devices by oriental doctors “Shocking”

Gettyimagebank

- The educational process related to the use of medical devices in the college of oriental medicine in Korea has been strengthened
- It is difficult to say that the auxiliary use of ultrasonic diagnostic devices on the basis of oriental medicine is not considered an illegal medical practice.


[관련기사=2022년 12월 22일 "한의사 초음파 의료기기 사용, 의료법 위반 아니다" 대법원 판결에 의료계 '충격']
 
The Supreme Court ruling which is not a violation of the Medical Service Act for use of ultrasonic diagnostic devices by oriental doctors is expected to generate a lot of controversy.    

The Supreme Court remanded after reversing the original verdict in an appeal that sentenced a fine of 800,000 Korean won to an oriental doctor accused of having violated the current medical law on Dec. 22nd.

An oriental doctor who runs a clinic in Gangnam-gu of Seoul was accused of using the ultrasonic diagnostic devices while treating a patient from March 2010 to June 2012.

The prosecution has accused the oriental doctor with unlicensed medical practice under section 27(1) of the Medical Service Act. The first and second trials pleaded guilty to a violation of the Medical Service Act of oriental doctor and sentenced a fine of 800,000 Korean won.
"Even though there's no statute for banning the use of ultrasonic diagnostic devices by oriental doctors, ultrasonic cannot be seen as based on the theories of oriental medicine since it is based on western modern science." the court explained at the time.

In addition, “An ultrasonic diagnosis is a specialized medical treatment of the department of Radiology. It is necessary for medical doctors to carry out a thorough-going understanding of the diverse phenomenons in the diagnostic process that might occur. The ultrasonic diagnosis should be performed by the radiologist or the qualified, trained medical doctors with extensive experiences for an ultrasonic.” the court has made it clear.

However, the sentences of the first and second trials were overturned in the decision by the Supreme Court.

“The statute does not exist for banning the use of ultrasonic diagnostic devices by oriental doctors. It's not considered an illegal medical practice using the ultrasonic diagnostic devices to aid in the diagnosis of oriental medicine by oriental doctors.” The Supreme Court has ruled.

The Supreme Court said, "The Constitutional Court has decided several times in the past that it's not an illegal medical practice for using ultrasonic diagnostic devices by oriental doctors. However, the latest educational process related to the use of medical devices in the college of oriental medicine in Korea has been continually strengthened than ever before.

It makes sense that the use of ultrasonic diagnostic devices by oriental doctors is to protect, promote and maintain the health of the public on the basis of section 1 of the Medical Service Act, and also for rational guarantee of people's choice on the medical care and medical services according to the section Article 10 of the Constitution."    

The Supreme Court also made it clear that this is not intended to legalize the use of all modern medical devices by oriental doctors. However, the Supreme Court has dismissed, “It is difficult to say that the auxiliary use of ultrasonic diagnostic devices by oriental doctors was not on the basis of the medical practice by oriental medicine or there's a risk of harm to public health.” 

by Gyeong-dae Ha 

메디게이트뉴스 (news@medigatenews.com)
댓글보기(0)

전체 뉴스 순위

칼럼/MG툰

English News

전체보기

유튜브

전체보기

사람들