의료직업의 규제 ― 의사와 한의사의 직역한계 ―

Korean Medical system is very unique. Medical science and Korean Traditional Medical science have been kept divided since 1951 medical Care Act for the people. Beside medical doctors, this act has given Korean traditional medical practitioners the authority and the status as doctors. Medical doctors can not use Korean traditional medical skills, and also, Korean traditional medical doctors can not use medical skills of western medical science. However, this old two-track doctor system is now in a crisis, because medical doctors want to use IMS(Intramuscular Stimulation) similar to acupuncture. As Complementary and Alternative Medicine is recognized in modern society, some medical doctors have used IMS(Intramuscular Stimulation) by acupuncture needles, that is a medical skill to loosen tight bands of muscle tissue that creates pain. In a case about the problem of illegality of IMS treatment by a medical doctor, the first trial, Seoul Administrative Court, decided, that medical treatments of the doctor were actually acupuncture, even though the doctor insisted his treatments belonged to simple IMS.(Seoul Administrative Court decision 2005 Guhab 111 Delivered on July 6, 2006) But, the second trial, Seoul High court decided, the doctor's treatments belonged to IMS, which were different from acupuncture.(Seoul High Court decision 2006 Nu 17293 Delivered on August 10, 2007)In this case, it is a key point of dispute, whether IMS belongs to a new medical technique different from acupuncture. This article argues, that IMS belongs to a sort of modern western acupuncture, and is specially similar to an electric acupuncture. The ground is as follows. Medical Care and Korean Traditional Medical Care can be generally defined and distinguished by both its principle and technique. However, care skills are more important in deciding scope of monopolistic care of acupuncturists and in distinguishing Korean Traditional Medical Care from Medical Care, when care principles can be explained differently by all of western medical science and eastern traditional medicine. Key Skills of IMS are almost the same as Palpation and Deqi, key skills of Acupuncture.