Supreme Court: "Hanui doctors can also use EEG devices for treatment"

1st Trial "Medical Practice Beyond License" → 2nd Trial "No Need for Specialized Knowledge or Skills"
Supreme Court "Use of Diagnostic Medical Devices Should Be Judged by Social Norms"

The Supreme Court has ruled that Korean medicine doctors can use electroencephalogram (EEG) diagnostic devices in their practice. Previously, the Supreme Court's full bench ruled last year that Korean medicine doctors using ultrasound diagnostic devices on patients does not violate the Medical Service Act. A retrial verdict related to Korean medicine doctors' use of ultrasound devices is scheduled for the 24th.

The Supreme Court's First Division (Presiding Justice Oh Kyung-mi) on the 18th upheld the appellate court's partial ruling in favor of Korean medicine doctor A in the final appeal case against the Minister of Health and Welfare, who had imposed a suspension of A's medical license.

The court stated, "Whether a Korean medicine doctor’s use of diagnostic medical devices developed and manufactured based on advances in medical engineering and the underlying scientific technology constitutes 'medical practice beyond the licensed scope' must be reasonably judged according to social conventions."

In 2010, A advertised in a daily newspaper that he diagnosed Parkinson's disease and dementia using an EEG device and treated patients with herbal medicine. Subsequently, the local health center imposed a three-month suspension and a warning on A for practicing beyond the licensed scope, and the Ministry of Health and Welfare also imposed a three-month license suspension and a warning for the same reason.

An EEG device attaches two or more electrodes to the patient's scalp to amplify brain waves, then processes the data via computer to record the brain's electrical activity signals. It is used to diagnose neurological and brain diseases.

The first trial court ruled, "The plaintiff’s act of diagnosing patients using an EEG device cannot be considered an act based on Korean medicine knowledge," and judged it to be "medical practice beyond the licensed scope" as defined by the Medical Service Act, siding with the Ministry of Health and Welfare.

However, the appellate court overturned the first trial ruling. The appellate court judged, "Using an EEG device does not require special clinical experience, has low risk, and does not require specialized knowledge or skills. Considering this, there is no concern for public health hazards even if a Korean medicine doctor uses it." Since the risk to the human body is not significant, using it as an auxiliary means by a Korean medicine doctor is not problematic. However, the court dismissed A’s request to cancel the warning.

The Supreme Court also agreed that the appellate court’s judgment was correct.

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