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| TITLE | Supreme Court Decision 2017Do10007 Decided December 29, 2022 【Violation of the Medical Service Act】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Meaning of “medical practices” stipulated in Article 27(1) of the former Medical Service Act Even though a medical doctor, etc. has never individually ordered or mandated a nurse to perform medical practices, where the nurse makes a decision on the performance of overall medical practices under his/her guidance and no medical doctor, etc. is involved in the process of performing medical practices, whether such acts correspond to unlicensed medical practices prohibited by Article 27(1) of the former Medical Service Act (affirmative) Whether a diagnosis of death corresponds to a medical practice that should be directly performed by a medical doctor (affirmative) and where there is any individual guidance and supervision of a medical doctor, etc., a nurse may make a diagnosis of death (negative) [2] A case where any medical treatment corresponding to a medical practice, which is performed without a license, is not contrary to socially accepted rules, and thus the illegality thereof is justified | |
