[Breaking] Supreme Court Plenary Session: "Use of Ultrasound Diagnostic Devices by Hanuisas Not a Violation of Medical Law" ... New Standard Presented

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The Supreme Court has ruled that it is not a violation of the Medical Service Act for a Korean medicine doctor to use an ultrasound diagnostic device on patients.

The Supreme Court en banc (Presiding Justice Cheon Dae-yeop) on the afternoon of the 22nd overturned the lower court's ruling that sentenced Korean medicine doctor A to a fine of 800,000 won in the appeal trial for medical law violation charges, and remanded the case to the Seoul Central District Court.

A, who operates a Korean medicine clinic in Gangnam-gu, Seoul, was prosecuted for violating Article 27, Paragraph 1 of the Medical Service Act by performing "medical acts other than those licensed" by using an ultrasound diagnostic device (model LOGIQ P5) a total of 68 times while treating patient B, who was diagnosed with endometrial hyperplasia, from March 2010 to June 2012. A was sentenced to a fine of 800,000 won in both the first and second trials.

On this day, the court presented new criteria for judging the use of diagnostic medical devices by Korean medicine doctors, including ▲whether related laws prohibit Korean medicine doctors from using the relevant medical device ▲whether, considering the characteristics of the diagnostic medical device and the basic and professional knowledge and skill levels required for its use, there is a risk of health and hygiene harm beyond the level normally accompanying medical acts if a Korean medicine doctor uses it as an auxiliary diagnostic tool ▲and whether, considering the overall circumstances, purpose, and nature of the medical act, it is clear that the use of the diagnostic medical device by the Korean medicine doctor is unrelated to applying or adapting it based on the principles of Korean medicine medical acts. The court emphasized that these factors should be comprehensively considered and reasonably judged according to social norms.

This content was produced with the assistance of AI translation services.