의료기사 지도권한의 법적 문제

A Study on the Oriental Medical Doctor's Authority to Guide the Medical Physician- with a Commentary on the Supreme Court Decision 2010Do2534 delivered on January 13, 2011 -

This study delve into Korean Act on Medical physician, etc. and makes the legislative proposal with respect to it. According to article 1 of Medical physician Act, the medical physician is the person who works in the treatment or medical chemistry test under the guidance of the medical doctor or the dentist. The problem is that the oriental medical doctor(traditional korean medical doctor) can't employ and guide the medical physician even in the oriental physical therapy based on the traditional korean medicine. the Supreme Court Decision 2010Do2534 delivered that the physiotherapists practised medicine without a license and the accused(the oriental medical doctor) instigated them to unlicensed acts of medicine care. The Medical Service Law prohibits unlicensed acts of medical care which includes providing medical care without a license and providing medical care beyond the scope of the license. This is because unlicensed acts of medical care pose a threat to human life and body as well as public health. This study discusses legal issues surrounding the authority of the medical guidance on the medical physician. And I assert that it is necessary to give the oriental medical doctor the authority to guide the medical physician considering of dualized health care practitioner(the oriental and the western medicine) system and of increasing demand for korean medicine physiotherapy in an aging society.