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A Critical Review of the Court Decisions on the Korean Oriental Doctor's Use of Diagnostic Imaging Devices

  • Journal of Regulation Studies
  • 2013, 22(2), pp.225-260
  • Publisher : 한국규제학회
  • Research Area : Social Science > Public Administration

Sakong Yung-Ho 1 조병훈 2

1평택대학교
2서울대학교

Accredited

ABSTRACT

The court sentenced that it is not the permitted practices for the Korean oriental doctor to use diagnostic imaging devices, such as Ultrasound machine, X-ray generator, CT. Strictly to say, these devises are just a machine that produces image data. Theoretically, these images have no meanings until they are interpreted by doctor or oriental doctor. These images can be interpreted not only by virtue of western medical theory but also by virtue of Korean oriental medical theory. The court, however, did not accept for the Korean oriental doctors to use these machines. The court explained some reasons to justify their decision. The court, however, misunderstood the medical nature of the Korean oriental medicine. The court articulated that the Korean oriental medicine is not anatomical enough to use the image data. This is not a logical decision in that the value of the image data is determined not only by anatomy but also by medical theory. The availability of image data by Oriental medicine can only be determined by the perspectives of Oriental medical theories. The difference between Western medical theory and Oriental medical theory can not be the justifiable ground for the court’s decision. The court also presented institutional reasons to support their decisions. The court says, according to current laws and regulations, there is no ground to permit for the Korean oriental doctors to use imaging devices. These present laws and regulations, however, can’t be the impartial criteria because they are not legislated for the Oriental medicine but for Western medicine.

Citation status

* References for papers published after 2023 are currently being built.