한의사의 초음파의료기기 사용과 의료인의 면허 외 의료행위에 대한 판례의 고찰 : 대법원 2016도21314 전원합의체 판결을 중심으로

This study examined the Supreme Court's ruling that changed the previous ruling and made a different judgment. First, in the medical law recognizing the dual medical system, the use of an ultrasound diagnostic device in this case was examined to determine whether the use of an ultrasound diagnostic device was a violation of the medical law, especially a medical practice other than that of Korean medicine doctor. To this end, since there is no definition of Korean medical practice in Korea's medical law, like medical practice, this study examined what constitutes Korean medical practice. Second, it was reviewed whether the use of an ultrasound diagnostic device by Korean medicine doctor falls under the licensed scope of medical practice of Korean medicine doctor or a medical practice outside of the licensed scope. Third, we reviewed the possibility and limitations of the conflict between doctors and Korean medicine doctors in a desirable way in the future use of medical devices. This study took a critical position on the majority opinion of the Supreme Court ruling in consideration of the development of the dualized medical system and medical devices.