KMA on Acquittal of Korean Medicine Doctors Using Ultrasound: "Wrong Verdict... Ignoring Medical Law System"

"We Will Do Our Best to Ensure the Right Decision Is Made Again"

On the 14th, the Korean Medical Association criticized the acquittal of a Korean medicine doctor using an ultrasound diagnostic device in the retrial as an "unreasonable ruling that disregards the medical law system."

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

The Seoul Central District Court Criminal Division 9 (Chief Judge Lee Seong-bok) acquitted Korean medicine doctor A of violating the Medical Service Act in the retrial on the same day. The court stated, "It is difficult to see that A's use of the ultrasound diagnostic device as an auxiliary tool for treatment clearly deviates from the principles of Korean medicine or causes health hazards beyond the usual level of medical practice," and judged, "It cannot be considered 'medical acts other than those licensed as a Korean medicine doctor' under the Medical Service Act." This follows the Supreme Court ruling from December last year.

Following the retrial verdict, the Korean Medical Association issued a statement expressing "deep regret and anger at the Seoul Central District Court ruling that encourages unlicensed medical practice and threatens the lives and health of the public," and clearly stated, "The responsibility for the damage to public health and the confusion in the national medical system caused by this ruling lies entirely with the Supreme Court and the Seoul Central District Court."

The association claims that the court ignored the current Medical Service Act, which distinguishes between Western medicine and Korean traditional medicine. Previously, on the 18th of last month, the Supreme Court also ruled that a Korean medicine doctor could use an electroencephalogram to diagnose Parkinson's disease and dementia. The association pointed out, "These series of rulings completely disregard the Medical Service Act system that regulates doctors and Korean medicine doctors to perform medical acts and Korean traditional medical acts within their respective licensed scopes," and criticized them as "unreasonable rulings that ignore the serious threats to public health and life that may result."

The association argues that permitting medical devices for Korean medicine doctors could also threaten public health. They stated, "The core issue in this case is that the defendant, a Korean medicine doctor, used a modern medical device, an ultrasound diagnostic device, a total of 68 times over about two years from March 2010 to June 2012, yet failed to timely diagnose endometrial cancer," and criticized, "Despite evidence during the trial that unlicensed medical acts beyond the licensed scope could seriously harm public health, this ruling overlooked even clear facts." They further argued that since ultrasound diagnostic devices perform both interpretation and diagnosis, improper use by unqualified personnel could adversely affect patients' health.

The Korean Medical Association declared, "If Korean medicine doctors continue to attempt unlicensed medical acts beyond their licensed scope, such as using modern medical devices under the pretext of this ruling, we will never overlook it," and added, "We will make every effort to ensure that a correct judicial decision that does not neglect the public's right to health is made again by utilizing all means and methods allowed under the current criminal procedure."

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