KMA Condemns Supreme Court Allowing Korean Medicine Doctors to Use EEG for Diagnosis... Will Respond Fully

"Irrational Judgment Ignoring the Health and Lives of the People"

The Korean Medical Association immediately opposed a Supreme Court ruling that stated Korean medicine doctors can use electroencephalogram (EEG) diagnostic devices in their practice.

Exterior view of the Korean Medical Association building in Ichon-dong.
[Photo by Korean Medical Association]

On the 18th, the Medical Association issued a statement saying, "We cannot help but express shock and anger at the Supreme Court's judgment that allows Korean medicine doctors to use EEG devices, which are medical devices for Western medicine, in violation of the Medical Service Act."

Earlier, the Supreme Court's First Division (Presiding Justice Oh Kyung-mi) confirmed the appellate court's ruling in favor of Korean medicine doctor A in a lawsuit against the Minister of Health and Welfare seeking cancellation of a suspension of his license. In 2010, A published an advertisement in a daily newspaper claiming to diagnose Parkinson's disease and dementia using an EEG device and treat them with herbal medicine. The local health center imposed a three-month suspension and a warning on A for practicing medicine beyond the scope of his license. The Ministry of Health and Welfare also imposed the same three-month suspension and warning for the same reason.

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

The Medical Association argues that this ruling undermines the boundaries of medical licenses defined by the Medical Service Act. The association said, "Article 2 of the current Medical Service Act clearly stipulates that doctors and Korean medicine doctors must not perform medical acts beyond their respective licenses," and added, "Nevertheless, the court’s ruling that destroys the boundaries of licenses shakes the foundation of the medical licensing system under the Medical Service Act."

The association also criticized the court for overlooking the risk that unqualified individuals using medical devices could harm patients. The Medical Association stated, "The Medical Service Act requires doctors and Korean medicine doctors to perform medical acts within their licensed scope and punishes unlicensed medical practice. Yet, the Supreme Court itself has ignored this legal principle in its rulings, which we, as a professional medical organization, cannot accept."

Regarding the EEG diagnostic device, which was a key issue in the ruling, the association claimed it was developed for use in modern Western medicine. The association explained, "The EEG device is unrelated to the principles of Korean medicine," and added, "Electrophysiological tests including EEG have no role in diagnosing Parkinson’s disease and dementia, as stated by the World Federation of Neurology, the International Parkinson and Movement Disorder Society, and the Asian Oceania Congress of Neurology."

The Medical Association also expressed concern that the Supreme Court’s ruling could encourage unlicensed medical practice, endangering public health and safety. The association said, "We cannot help but be extremely concerned about the confusion in the field, potential harm to public health, and resulting damage to citizens caused by this Supreme Court ruling that abandons the protection of citizens’ lives and safety," and emphasized, "The Supreme Court must take full responsibility for any harm to citizens’ lives and health caused by this ruling."

Finally, the Medical Association warned, "If Korean medicine doctors misinterpret this ruling and attempt to use Western medical devices or perform medical acts beyond their licensed scope, we will consider such acts as illegal unlicensed medical practice that seriously endangers public health and will respond with all possible means and efforts."

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