This Time 'Lidocaine'... Another Conflict Between Western and Korean Medicine Communities

A Korean medicine doctor who used a local anesthetic 'lidocaine' mixed with bee venom solution on patients has been found guilty, sparking renewed conflict between medical and Korean medicine organizations.

According to the Association of Korean Medicine Doctors on the 14th, the Seoul Southern District Court sentenced Korean medicine doctor A to a fine of 8 million won on the 10th for mixing lidocaine, a local anesthetic, with bee venom solution. The ruling stated that the use of lidocaine by a Korean medicine doctor was an act beyond their license, thus guilty. A is accused of mixing bee venom solution and the prescription drug lidocaine and applying it to patients' pain areas in October 2022.

A was brought to trial after the National Doctors' Coalition, a medical organization, reported to the police that some Korean medicine doctors were using lidocaine. Although A received a summary indictment with a fine of 8 million won from the prosecution, he opposed it and requested a formal trial, which led to the verdict. Lidocaine is a drug used for local anesthesia and arrhythmia treatment, administered intravenously to patients.

Following the verdict, the Association of Korean Medicine Doctors expressed opposition. On the 13th, the association issued a statement saying, "We regret the court's decision" and "We expect that the appellate court will deliver a ruling considering the public's benefit in medical treatment."

The association claims that it is legal for Korean medicine doctors to use prescription drugs as an auxiliary in treatment. They argued, "It is naturally a legal act for Korean medicine doctors to use prescription drugs like lidocaine as an auxiliary in treatment to reduce patients' pain and side effects during treatments such as bee venom therapy," and added, "There are prescription drugs among the herbal (natural) preparations currently used by Korean medicine doctors." They also pointed out, "This controversy arises because Korean medicine doctors are excluded from the prescribing subjects in the medical law and pharmaceutical law regulations on prescription drugs based on the separation of drug dispensing system."

On the other hand, the Korean Medical Association welcomed the verdict. Upon the ruling on the 10th, the association immediately released a statement saying, "We welcome the Seoul Southern District Court's ruling reaffirming that doctors can perform medical acts, and Korean medicine doctors can only perform Korean medicine medical acts." They emphasized, "The ruling confirms that prescribing and dispensing both over-the-counter and prescription drugs are medical acts beyond the license of Korean medicine doctors," and urged, "We strongly call on Korean medicine doctors to acknowledge this ruling and immediately stop illegal unlicensed medical practices."

This conflict over court rulings is not the first. Earlier in August and September, when courts consecutively ruled that Korean medicine doctors could use EEG and ultrasound diagnostic devices, medical organizations including the Korean Medical Association immediately opposed.

In August, the Supreme Court upheld the lower court's ruling partially in favor of Korean medicine doctor B in an appeal against the suspension of his license by the Minister of Health and Welfare. B had advertised in a daily newspaper that he diagnosed Parkinson's disease and dementia using EEG and treated them with Korean medicine, which led to a three-month license suspension and subsequent lawsuit. The Supreme Court stated, "To determine whether the use of diagnostic medical devices developed through advances in medical engineering and science and technology by Korean medicine doctors constitutes 'medical acts beyond the license,' a new standard different from the past is necessary," and remanded the case to the Seoul Central District Court with a not guilty implication.

In September, Korean medicine doctor C, who used ultrasound diagnostic devices, was acquitted in a retrial. The Seoul Central District Court ruled, "It is not clear that C's use of ultrasound diagnostic devices as an auxiliary in treatment deviates from Korean medicine principles or causes health hazards beyond the usual level of medical acts," and "It cannot be considered 'medical acts beyond the license as a Korean medicine doctor' under the Medical Service Act." C had received a not guilty ruling from the Supreme Court in December last year, and the retrial confirmed the same result.

At that time, the Association of Korean Medicine Doctors stated, "This ruling will be a valuable driving force to break the long-standing shackles restricting Korean medicine doctors from using modern diagnostic devices," and urged, "According to the solemn judgment of the judiciary, relevant authorities should promptly establish legal and institutional measures for the public's health promotion and convenience."

Conversely, the Korean Medical Association opposed, calling the ruling a collapse of the medical law system. They said, "It completely ignores the medical law system that regulates doctors and Korean medicine doctors to perform medical acts and Korean medicine medical acts within their respective licensed scopes," and emphasized, "It is an unreasonable judgment that overlooks the serious threats to public health and life that may result from this."

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