전문간호사의 골수 검체 채취와 무면허 의료행위 - 대법원 2024.12.12. 선고 2023도10286 판결을 중심으로 -

Since the enactment of the Medical Act in Korea, the concept of medical practice has not been definitively established by statutory provisions but has rather been shaped through judicial interpretation. The definition of medical practice remains a work in progress. With the advancement of modern science and technology, the medical field has become more segmented and requires increasingly specialized knowledge and skills. The Supreme Court decision in question garnered significant attention during the appeal process due to concurrent social issues, including medicalprofessional conflicts and the enactment of the Nursing Act. Consequently, the Court held a rare public hearing—only the fourth ever by a petty bench rather than a full bench—prior to reaching its final decision. This ruling is notable not merely because it addresses whether an advanced practice nurse (APN) may perform bone marrow aspiration, but more importantly because it presents a standard for delineating the scope of duties between physicians and APNs. Although the ruling is significant in many respects, it also highlights several unresolved issues. Most notably, it suggests the possibility of transitioning from a traditionally hierarchical division of labor between physicians and nurses to a more horizontal, collaborative model. Nevertheless, this shift may not be universally applicable to all medical contexts. The relationship between different medical professions still requires clear definition and agreement. In particular, the enactment of the Nursing Act has brought these issues into sharper focus. However, because the subordinate legislation necessary to implement the Act has not yet been enacted, the legal framework remains unstable and ambiguous. It is hoped that future legislation or amendments will address the issues raised by this decision, leading to a more structured and coherent regulatory environment.