Controversy Over Court Ruling Allowing Ultrasound for Hanuisas... Recurring Conflict Between Western and Korean Medicine

Medical Association and Others Raise Protest Level Against Supreme Court
"Serious Threat to Public Life and Health"

Oriental Medicine Community Welcomes "Revolutionary Turning Point"
Calls for Legal and Institutional Measures for Diagnostic Device Use

Lee Pil-su, President of the Korean Medical Association, is shaving his head on the 26th to condemn the Supreme Court ruling.
[Photo by Korean Medical Association]

[Asia Economy Reporter Lee Gwan-ju] The medical community is in turmoil over the Supreme Court’s decision to overturn and remand the case of an Oriental medicine doctor prosecuted for violating the Medical Service Act by using an ultrasound diagnostic device. While the Oriental medicine community welcomed the ruling that effectively permits Oriental medicine doctors to use ultrasound devices, doctors, radiologists, and clinical pathologists have opposed it and launched collective actions. This has revived the chronic conflict between Western medicine and Oriental medicine.

According to the medical community on the 28th, the Supreme Court, through a full bench on the 22nd, overturned the lower court’s ruling that had recognized Oriental medicine doctor A’s violation of the Medical Service Act and sentenced him to a fine of 800,000 won, and sent the case back to the Seoul Central District Court. A was prosecuted for diagnosing patients using an ultrasound device while treating patients at an Oriental medicine clinic from 2010 to 2012. Both the first and second trials found him guilty, but the Supreme Court reversed this, stating, “It is difficult to conclude that an Oriental medicine doctor’s use of an ultrasound diagnostic device as an auxiliary diagnostic tool causes harm to public health and hygiene.”

After the Supreme Court ruling, the medical community was sharply divided. The Korean Medical Association immediately issued a statement criticizing the decision, saying, “The ruling, which destroys the boundaries of medical licenses without considering the accumulated expertise and experience of each medical profession, shakes the foundation of the medical licensing system under the Medical Service Act to its core.” They added, “As a result, unlicensed medical practices will become rampant, clearly posing serious risks to the lives and health of the public.” The association demanded that the National Assembly and government amend the Medical Service Act to more specifically define the scope of medical practitioners’ licenses.

On the 26th, the Korean Medical Association, the Korean Radiological Technologists Association, and the Korean Association of Clinical Pathologists held a press conference in front of the Supreme Court to criticize the ruling. The KMA’s Special Committee on Oriental Medicine Countermeasures began a relay one-person protest from the previous day, escalating their opposition. The Korean Dermatological Association also joined in condemning the Supreme Court’s decision. In their statement, they said, “The essence of this case should be viewed from the perspective of a patient with stage 2 endometrial cancer who underwent ultrasound examinations 68 times over two years by an Oriental medicine doctor who exceeded their original scope of work but failed to diagnose the cancer.” They criticized, “This ruling, which leaves only the result that the ultrasound equipment itself is less risky after 10 years and that it does not matter who uses it, is a very wrong decision that will lead to numerous misdiagnoses in the future.”

In contrast, the Korean Oriental Medicine Association welcomed the Supreme Court ruling and emphasized the need to establish legal and institutional measures allowing Oriental medicine doctors to freely use modern diagnostic devices for public health. The association issued a statement saying, “This Supreme Court ruling, which has become a starting point to remove the shackles restricting Oriental medicine doctors from using modern diagnostic devices, will be a groundbreaking turning point that resolves the urgent national policy of promoting public health and guarantees patients’ right to choose their treatment.” On the day the medical associations held their rallies, the Korean Oriental Medicine Association released a commentary criticizing them, stating, “We urge the Western medicine community, which pursues only its own interests while neglecting public health and rights and goes against the flow of the times, to engage in sincere self-reflection.”

Voices have also emerged calling for the expansion of this ruling beyond Oriental medicine doctors to other medical professions. The Korean Midwives Association said, “We hope that reasonable judgment criteria for the use of diagnostic devices will be presented not only for Oriental medicine doctors but also for midwives, nurses, and other medical personnel.” They added, “Following the Supreme Court ruling, we expect that legal and institutional measures will be legislated to allow other medical personnel, including Oriental medicine doctors, to safely and reasonably use modern diagnostic devices based on their academic knowledge, capabilities, and advances in science and technology, thereby contributing to the promotion of public health and protection of medical consumers’ right to choose.”

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