As the judiciary's final ruling confirmed that Korean medicine doctors can use electroencephalographs (EEG), a medical device, to diagnose Parkinson's disease and dementia, Korean medicine doctor organizations expressed their welcome. On the 18th, the Supreme Court Division 1 (Presiding Justice Oh Kyung-mi) upheld the lower court's ruling that a Korean medicine doctor’s use of EEG as an auxiliary tool for diagnosing Parkinson's disease and dementia cannot be considered 'medical practice beyond the license.'
The Korean Medicine Doctors Association stated upon the Supreme Court's decision, "A groundbreaking turning point has been established for Korean medicine doctors' use of medical devices," and added, "This ruling clearly confirms that there is no problem with Korean medicine doctors utilizing modern diagnostic devices such as EEG to treat patients."
The controversy over Korean medicine doctors using EEG dates back 14 years.
Korean medicine doctor A used EEG to diagnose dementia and Parkinson's disease for about three months starting in September 2009, but in January 2011, the Seoul Seocho-gu Public Health Center, the competent authority, imposed a three-month suspension and a warning. The following year, when the Ministry of Health and Welfare also imposed a three-month license suspension, A filed a lawsuit against the Ministry in 2013. The first trial dismissed the Korean medicine doctor's claim, but the second trial ruled differently. It stated that if the medical device's use is integrated with Korean medicine principles and does not pose significant risk to the human body, Korean medicine doctors can use it. The Supreme Court also agreed with the second trial's judgment.
This court ruling is effectively interpreted as allowing Korean medicine doctors to use EEG in clinical practice. The scope of medical device use by Korean medicine doctors is expanding. Last year, the Supreme Court plenary session ruled that "the use of ultrasound devices by Korean medicine doctors cannot be considered a violation of the Medical Service Act," reasoning that the use of ultrasound devices by Korean medicine doctors is unlikely to cause public health or hygiene risks.
The Korean Medicine Doctors Association said, "The government authorities should abolish regulations on Korean medicine doctors' use of medical devices in accordance with this stern judicial ruling and promptly establish systems to activate such use, thereby guaranteeing patients' freedom of choice in treatment and improving convenience." They also added, "Modern diagnostic devices are not the exclusive domain of Western medicine but are tools necessary for the scientification and modernization of Korean medicine and instruments of civilization. Actively utilizing them to find and implement the best treatment methods is a natural duty as medical professionals."
However, opposition from medical doctor organizations is also expected. The Korean Medical Association argues that the expanding scope of medical device use by Korean medicine doctors could pose a significant threat to public health. The Korean Medicine Doctors Association regards this as 'professional selfishness between occupational groups.'
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