Acupuncturist Given Probation for Burning 5-Year-Old Employee During Moxibustion Treatment... Employee Fined

Acupuncturist Given Probation for Ordering Moxibustion Instead of Rhinitis Treatment
Employee Who Treated Instead of Acupuncturist Fined

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A 30-year-old Korean medicine doctor who was prosecuted for causing burns on the face of a 5-year-old girl by having an employee at her clinic perform moxibustion treatment for rhinitis instead of herself was sentenced to probation.

On the 31st, the Incheon District Court Criminal Division 5 (Presiding Judge Hong Jun-seo) announced that it sentenced Korean medicine doctor A (35, female), who was charged with injury by negligence and violation of the Medical Service Act, to 4 months in prison with a 1-year probation. Employee B (29, female), who was not a medical professional but performed the moxibustion treatment under the direction of the Korean medicine doctor, was fined 1.5 million won.

A was operating a pediatric specialty Korean medicine clinic in Bupyeong-gu, Incheon. In September 2022, she instructed employee B to attach two electronic moxibustion devices to both cheeks of patient C (5), who had rhinitis. B, who was not a medical professional, directly attached the electronic moxibustion devices to both cheeks of C and then left the room. Subsequently, C suffered second-degree burns on both cheeks caused by the heat from the electronic moxibustion devices, requiring about three weeks of treatment and ongoing scar treatment. It was reported that B did not immediately inform A of the burns, so appropriate emergency treatment was not administered promptly.

Presiding Judge Hong stated, "A, as a Korean medicine doctor, used a device that was not a medically verified safe device and did not familiarize herself with the user manual," adding, "She used the device in a manner prohibited by the manual, which caused the accident, and thus needs to be warned through punishment." He continued, "A did not hire a nurse or nursing assistant to assist with the moxibustion treatment and instead instructed B to perform medical acts," and explained the sentencing rationale: "A fine is not an appropriate punishment for this act. Considering that this is a first offense and that a settlement was reached with the victim’s legal representative, a suspended prison sentence was imposed." Regarding B, he said, "Considering that B was an employee following instructions."

Meanwhile, this is not the first case to reach court due to burn scars caused by moxibustion treatment. In 2020, a Korean medicine doctor who was prosecuted for leaving scars after moxibustion treatment was fined 3 million won by the first trial court, and the appellate court upheld the same ruling. At that time, the Korean medicine doctor argued, "Direct moxibustion treatment inherently involves burns, so it is natural for scars to remain," but the appellate court rejected this claim and recognized negligence in the performance of duties.

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