The Supreme Court ruled that an oriental doctor cannot be punished for violating the medical law even if he uses an ultrasound diagnostic device to treat the patient.
The entire Supreme Court overturned the lower court that sentenced an oriental doctor A to a fine of 800,000 won for violating the medical law, and returned the case to the Seoul Central District Court.
Mr. A was prosecuted for performing medical acts such as diagnosing patients using an ultrasound diagnostic device while treating patients at an oriental clinic from 2010 to 2012.
At the trial, Mr. A argued that there is no safety problem even if he uses an ultrasound diagnostic device, and that as oriental doctors are trained on how to use an ultrasonic diagnostic device in regular courses, they fall within the scope of an oriental doctor's license.
Both the first and second trials admitted that Mr. A was guilty.
This is because it cannot be seen that the ultrasonic diagnostic device was developed based on the theory or principle of oriental medicine, and there is no radiology department in the specialty of oriental doctors.
On the other hand, the Supreme Court overturned the judgment with the purpose of innocence, saying, "It is difficult to conclude that the use of ultrasonic diagnostic devices by oriental doctors as an auxiliary means of diagnosis causes harm to health and hygiene."