Errors in Case No. 2012Hun-Ma551·561 relating to the use of modern medical devices by oriental medical doctors

ABSTRACT

Our country has a dual medical system and as the importance of medical devices in medical practice has grown, oriental medical doctors have sought to use modern medical devices to broaden the scope of their oriental medical practice. Case No. 2012Hun-Ma551·561, which supports the use of modern medical devices by oriental medical doctors contains 3 important errors. First, its finding that a slit lamp microscope automatically provides examination results is erroneous. Second, the Court also mistakenly finds that medical service technologists, etc. Act does not prohibit the usage of devices in the instant case; thus, there is no need for the regulation of said devices. Finally, its finding lacks the proper procedure of considering the opinions of related professional groups. Thus, Case No. 2012Hun-Ma551·561 should not be considered a precedent supporting the use of modern medical devices by the oriental medical practitioners.