[Global Epic Reporter Hwang Seong-su] According to the current law, only medical practitioners stipulated in the Medical Service Act can practice medicine, and those who practice medicine on their own other than as medical practitioners will be subject to criminal punishment. Because of the importance and expertise of medical practices that deal with human life and bodies, the qualifications of practitioners are limited.
The medical practice of a person whose license qualifications have been suspended or revoked is considered unlicensed medical practice, and even if he or she is a medical practitioner, if he or she colludes in the medical practice of a person who is not a medical practitioner or unlicensed medical practice outside the scope of the medical practitioner's duties, he or she may be held legally responsible as a co-principal in the unlicensed medical practice.
The prohibition on unlicensed medical practice under the Medical Service Act was enacted to regulate the high risk of medical practice by non-medical practitioners, but even medical practitioners working in the field are punished for unlicensed medical practice if they engage in an act that goes beyond the scope of their respective duties and is within the scope of practice of another medical practitioner.
For example, even though you are a doctor, if you condone or instruct hospital staff (nurses, etc.) to perform medical practices that are outside the permitted range, you may be found guilty of an accomplice and may be subject to criminal punishment for violating the Medical Service Act, as well as being subject to significant disadvantages such as administrative measures such as suspension of medical license or suspension of work at medical institutions.
Article 2 of the Medical Service Act defines only doctors, dentists, oriental medicine doctors, midwives, and nurses as medical personnel, and stipulates the scope of work for each. A doctor may instruct or delegate a nurse to assist in medical treatment, but it is not permissible to instruct or delegate a nurse to perform the medical treatment itself, which only a doctor can do.
For these reasons, medical practitioners who run medical institutions have a duty to properly manage and supervise the unlicensed medical practices of not only themselves but also the employees they work with, and if unlicensed medical practices are committed due to failure to do so, they may be punished as accomplices.
Attorney Ryu Si-jeong of Daeryun Law Firm advised, “Unlicensed medical practice not only carries civil liability for damages incurred by the patient, but also separate punishment is imposed if the patient’s condition worsens or death occurs, so you must thoroughly respond with the help of a medical lawyer.”
View full article - Severe punishment for unlicensed medical practice that is harmful to life and body and violation of medical law
