침구의료행위의 의미에 관한 법학적 고찰: 판례분석 중심의 접근

Objectives : The purpose of this study is to describe the concept of the acupuncture and moxibustion in traditional Korean medical practice and to identify the meaning and potential rearrangement of the acupuncture and moxibustion. Methods : The study was performed by analyzing 136 cases of lawsuit in the year between 1968 and 2010 which were selected among the acupuncture and moxibustion in traditional Korean medical practice. Results : According to court rulings, the acupuncture and moxibustion in traditional Korean medical practice is an act to diagnose a person’s illness, prescribe and treat to cure based on traditional Korean medicine, to be understood as a medical care in traditional Korean medicine, to have some factor to create or increase danger to preservation of health or hygiene, and to be practiced by medical specialists based on their professional knowledge. But, such definition is not proper and exceedingly vague. Besides medical circumstances in traditional Korean medicine are changing, the enlargement of definition of the acupuncture and moxibustion is required. Conclusions : The meaning and scope of the acupuncture and moxibustion in traditional Korean medical practice should be modified and amended, reflecting these conditions.