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TITLE Supreme Court en banc Decision 2013Do850 Decided July 21, 2016¡¼Violation of Medical Service Act¡½ [full Text]
Summary
[1] Legislative purport of the Medical Service Act that prohibits medical doctors, dentists, and traditional Korean medicine doctors from providing medical care outside their area of expertise
Criteria for determining whether treatments conducted by medical doctors or dentists constitute ¡°medical practices outside the scope of their license¡± and matters to additionally consider in cases involving medical care provided by dentists
[2] In a case where a dentist (¡°Defendant¡±) was indicted for violating the Medical Service Act after performing a procedure outside his area of expertise, i.e., injecting Botox to remove wrinkles around and between the eyes, the case holding that the Defendant¡¯s facial Botox procedure cannot be deemed practicing outside the scope of his dental license and that the conclusion does not change on the ground that the procedure was purely for cosmetic purposes
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