Korean Medicine Doctor's Use of EEG Device Shakes Medical Community...KMA Says "Undermines Foundation of Medical Licenses" (Comprehensive)

The court ruled that Korean medicine doctors can use brainwave diagnostic devices following ultrasound devices for medical treatment. While the Korean medicine community welcomed the decision as a "groundbreaking turning point," the Korean Medical Association expressed opposition.

Supreme Court Building Exterior

On the 18th, the Supreme Court's First Division (Presiding Justice Oh Kyung-mi) upheld the appellate court's ruling partially in favor of Korean medicine doctor A in the final appeal of a lawsuit against the Minister of Health and Welfare seeking cancellation of a suspension of A's license.

In 2010, A, who operated a Korean medicine clinic in Seocho-gu, Seoul, published an advertisement in a daily newspaper claiming to diagnose Parkinson's disease and dementia using a brainwave device and treat them with herbal medicine. The local health center issued a three-month suspension and a warning to A for practicing beyond the scope of the license. The Ministry of Health and Welfare also imposed a three-month license suspension and a warning on the same grounds. The Medical Service Act prohibits medical practitioners from performing medical acts beyond those permitted by their license, and violations are subject to license suspension or criminal penalties.

The brainwave device attaches two or more electrodes to the patient's scalp to amplify brainwaves and process data via computer, recording electrical activity signals of the brain. It is used to diagnose neurological and brain diseases.

Initially, the first trial court ruled the act as unlicensed medical practice and sided with the Ministry of Health and Welfare, but in 2016, the appellate court ruled that since the device posed no significant risk to the human body and was used as an auxiliary tool, it was not problematic for Korean medicine doctors to use it, ordering the cancellation of the license suspension.

[Image source=Pixabay]

After seven years of deliberation, the Supreme Court stated, "Whether the use of diagnostic medical devices developed and manufactured based on advances in medical engineering and underlying scientific technology by Korean medicine doctors constitutes 'medical acts beyond the licensed scope' should be reasonably judged according to social norms," and deemed the appellate court's conclusion appropriate, dismissing the appeal. A Supreme Court official explained, "This is the first case recognizing that using a brainwave device for diagnosing Parkinson's disease and dementia does not constitute medical acts beyond the license of Korean medicine doctors."

Previously, the Supreme Court's full bench ruled in December last year that Korean medicine doctors using ultrasound diagnostic devices in treatment cannot be punished for violating the Medical Service Act, emphasizing that the prohibition under related laws, public health risks, and relevance to Korean medical practices must be strictly examined. The retrial ruling on this matter is scheduled for the 24th.

Korean Medicine Community: "More Effective Treatment Using Modern Diagnostic Devices" vs. Medical Association: "Undermining the Foundation of the Licensing System"

The Korean Medicine Association and others in the Korean medicine community welcomed the ruling. The association stated, "This is another just and natural ruling following the ultrasound decision," and "A groundbreaking turning point has been established for Korean medicine doctors' use of medical devices."

The association added, "Modern diagnostic devices are essential tools and products of civilization necessary for the scientification and modernization of Korean medicine," and "We will do our best to contribute to public health promotion by providing more effective Korean medicine treatments using various modern diagnostic devices such as ultrasound and brainwave devices."

On the other hand, the Korean Medical Association immediately opposed the Supreme Court ruling, condemning it. The association stated, "The current Medical Service Act clearly stipulates that doctors and Korean medicine doctors must not perform medical acts beyond their licensed scope," and "The Supreme Court's ruling, which destroys the boundaries of licenses, shakes the foundation of the medical licensing system."

Regarding the brainwave device, the association said, "It was developed and manufactured for use in modern medicine," and "It has no relation to Korean medical principles, and electrophysiological tests including EEG do not play any role in diagnosing Parkinson's disease and dementia," citing opinions from various academic societies, thus deeming it useless.

The association expressed "deep regret and anger over this Supreme Court ruling," emphasizing, "If Korean medicine doctors attempt medical acts beyond their licensed scope, such as using medical devices intended for doctors, we will consider it illegal unlicensed medical practice and respond with all possible means and efforts."

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