의료행위의 타인성에 대한 소고- 자기 자신에 대한 치료행위와 무면허 의료행위의 경계에 관한 고찰 -

This paper analyzes legal issues surrounding the concept of “otherness” in the criminal regulation of both medical practice and unlicensed medical acts, with a focus on whether self-treatment constitutes medical practice and whether it is punishable as unlicensed medical practice. Article 27 of the Medical Service Act prohibits unlicensed medical acts, applying not only to non-medical personnel but also to licensed professionals who exceed the scope of their authorization. Recently, cases involving dentists and Korean medicine doctors who have purchased and used prescription drugs beyond their licensed scope for self-treatment have been subject to criminal prosecution and constitutional litigation, thereby raising legal questions about the nature and punishability of self-treatment under criminal law. This study comprehensively reviews the relevant statutory provisions and academic discussions, focusing on the legal grounds for the non-punishability of self-treatment. It reflects recent developments in lower court rulings and Constitutional Court decisions, and examines whether the element of “otherness” should be considered an essential component of medical practice. In particular, by exploring the possibility of redefining medical practice with reference to the requirement of otherness, the study aims to establish clearer criteria for distinguishing self-treatment from unlicensed medical practice, thereby contributing to the consistency and legitimacy of the regulatory framework under the Medical Service Act and criminal law.