의료의 철학과 법정책: 양방-한방의료의 경계설정과 무면허 의료행위의 규율

In Korea, there are two different areas of medicine ―traditional (oriental) medicine and western medicine― and the medical licence for one area does not give the possibility to take part in the sequence of the medical acts which take place in the other area. But the technological development makes the boundary between two fields increasingly vague. IMS is just the case, where it seems almost impossible to judge to which domain the therapy belongs. The origin and history of the medicine shows us that the western medicine had quite similar characters and principles with those of the oriental medicine. The development of the modern medicine has changed the paradigm of the medicine, but the principles of the traditional or oriental medicine need to be integrated with the modern medicine, especially when we think of the nature of the medicine: it needs to be understood as the ‘holistic’ therapy and ‘Healing/Caring’, which have more than ‘biomedical’ therapy or ‘Curing’ focused on just the disease itself. In this context, the well-being of the patient and the actual situation of the usage of the therapy could be the legal criteria for the decision, when it seems difficult to decide, which licence is required for a certain medical act. Furthermore, the courses provided in the medical schools could give some standards for the decision as well.