의료인의 면허 외 의료행위에 대한 형사적·행정적 책임에 관한 고찰

South Korea has a unique legal system, possibly the only kind in the world, which dualizes medical practices into Western and traditional Korean medical practices. Therefore, medical practices beyond the range of medical license constitutes unlicensed medical practices; for example, a licensed Western physician who performs traditional Korean medical practice has committed an unlicensed medical practice. And when a person with a traditional Korean medical license performs Western medical treatments, it is also an act of unlicensed medical practice. Under the current law, medical practices beyond the range of medical license have been subject to criminal penalties and administrative dispositions. In addition, it also affects the medical practitioner's economic interests as well as their licenses. Therefore, whether a medical practice is a Western medical practice or traditional Korean medical practice is a very sensitive issue. However, the current Medical Services Law does not explicitly distinguish the scope of each medical practices. Therefore, whether a medical practice is a Western medical practice or traditional Korean medical practice is determined by the interpretation based on Constitutional Court orders. With the advancement of medical technology and equipment, the boundaries of the licenses have become ambiguous. In this paper, current law and previous Supreme Court cases will be examined then a direction for future judgments will be suggested.