Journal of Acupuncture Research

Korean Acupuncture & Moxibustion Medicine Society (대한침구의학회)
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A Study on the Legal Aspect of Concept for the Acupuncture and Moxibustion in Traditional Korean Medical Practice: based on Judicial Precedent

침구의료행위의 의미에 관한 법학적 고찰: 판례분석 중심의 접근

  • Lee, Mee-Sun (School of Korean Medicine, Pusan National University) ;
  • Kim, Kun-Hyung (Division of Clinical Medicine, School of Korean Medicine, Pusan National University) ;
  • Kim, Jae-Kyu (Division of Clinical Medicine, School of Korean Medicine, Pusan National University) ;
  • Lee, Byung-Ryul (Division of Clinical Medicine, School of Korean Medicine, Pusan National University) ;
  • Yang, Gi-Young (Division of Clinical Medicine, School of Korean Medicine, Pusan National University)
  • 이미선 (부산대학교 한의학전문대학원) ;
  • 김건형 (부산대학교 한의학전문대학원 임상의학부) ;
  • 김재규 (부산대학교 한의학전문대학원 임상의학부) ;
  • 이병렬 (부산대학교 한의학전문대학원 임상의학부) ;
  • 양기영 (부산대학교 한의학전문대학원 임상의학부)
  • Received : 2011.09.06
  • Accepted : 2011.09.20
  • Published : 2011.10.20
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Abstract

Objectives : The purpose of this study is to describe the concept of the acupuncture and moxibustion in traditional Korean medical practice and to identify the meaning and potential rearrangement of the acupuncture and moxibustion. Methods : The study was performed by analyzing 136 cases of lawsuit in the year between 1968 and 2010 which were selected among the acupuncture and moxibustion in traditional Korean medical practice. Results : According to court rulings, the acupuncture and moxibustion in traditional Korean medical practice is an act to diagnose a person's illness, prescribe and treat to cure based on traditional Korean medicine, to be understood as a medical care in traditional Korean medicine, to have some factor to create or increase danger to preservation of health or hygiene, and to be practiced by medical specialists based on their professional knowledge. But, such definition is not proper and exceedingly vague. Besides medical circumstances in traditional Korean medicine are changing, the enlargement of definition of the acupuncture and moxibustion is required. Conclusions : The meaning and scope of the acupuncture and moxibustion in traditional Korean medical practice should be modified and amended, reflecting these conditions.

Keywords

References

  1. Lee HW, Kim H. Medical Dispute and the Proper Guideline for Medical Practice in Korean Medicine. Korean Journal of Oriental Physiology & Pathology. 2006 ; 20(6) : 1749-14.
  2. Lawnb, Inc. Available from : URL : http://www.lawnb.com/(accessed 31 August 2010).
  3. Ministry of legislation. Available from : URL : http://www.moleg.go.kr/(accessed 31 August 2010).
  4. 이종원. 醫療行爲에 관한 一考察. 慶星法學. 2007 ; 16(2) : 171-87.
  5. Kim JK, Lim KJ, Kim C, Kim HS. Intramuscular Stimulation Therapy on Failed Back Surgery Syndrome Patients. Korean J Pain. 2003 ; 16(1) : 60-7.
  6. Jang IS, Sun SH, Nam DH, Kum SE, Seo HS. Comparison between Moxibustion and the Intense Pulsed Light (IPL) and the Clinical Application of Photo-moxa. The Journal of Korean Oriental Medical Ophthalmology & Otolaryngology & Dermatology. 2010 ; 23(3) : 78-83.
  7. Nam JS, Lee DH, Jang IS. Consideration of the Fundamental Principles of IPL and Clinical Applications for Korean Medicine. J Korean Oriental Med. 2010 ; 31(5) : 60-3.
  8. 전세일. 대체의학의 소개, 재활치료. 서울 : 계축문화사. 1998.
  9. Lee TH, Kim NI, Maeng WG. Changing Definitions of Complementary and Alternative Medicine and Related Research Analysis in Korea. Korean Journal of Oriental Medicine. 2010 ; 16(2) : 43-55.
  10. 이만우. 보건의료정책의 관점에서 '간호법' 제정 논의. 의료정책포럼. 2005 ; 3(11) : 113-20.