"I was taking medication for hair loss..." The story behind the dentist's license being suspended

Ministry of Health and Welfare imposes sanctions for ‘unlicensed medical practice’
Court: “It is not an unlicensed medical practice under the Medical Service Act.”

A dentist who ordered hair growth medication with the intention of taking it himself was suspended for practicing medicine without a license, but won a lawsuit.

According to the legal community on the 9th, the 6th Division of the Seoul Administrative Court (Chief Judge Na Jin-i) ruled on August 29 that the Ministry of Health and Welfare should cancel the suspension of medical license suspension filed by dentist A against the Minister of Health and Welfare.

Mr. A is a dentist who runs the New York Dental Clinic in Gangbuk-gu, Seoul. He purchased and used hair treatment twice in February and April 2021.

In September of last year, the Ministry of Health and Welfare suspended Mr. A's dentist's license for one month and 15 days, saying he had violated Article 27, Paragraph 1 of the old Medical Service Act. The provision stipulates that medical practitioners cannot practice medicine other than what they are licensed to do. Mr. A filed a lawsuit against this decision.

The court accepted Mr. A's argument that the dentist's purchase of hair growth medication and his own use of it cannot be considered an unlicensed medical practice as defined in Article 27, Paragraph 1 of the Medical Service Act.

The court said that Mr. A's actions were "in principle medical practices," but that "practicing medicine on oneself rather than on others is a personal area that has little to do with the risks that may occur to the lives and bodies of others or general public health," and that it did not go against the purpose of regulating unlicensed medical practice.

In addition, citing the Supreme Court precedent that “Patients have the right to decide for themselves how to maintain their life and bodily functions and to choose medical treatment in accordance with the personal rights and the right to pursue happiness stipulated in Article 10 of the Constitution,” the court ruled, “There is no special basis to believe that patients are excluded from the right to perform medical treatment directly on themselves without the intermediary of a medical professional.”

The court concluded, “When interpreting the intent and purpose of the Medical Service Act and the patient’s right to self-determination in harmony, the Medical Service Act does not appear to be intended to completely prohibit medical services performed on patients by non-medical personnel.” “For the same purpose, it is reasonable to believe that cases where medical personnel perform medical services other than those licensed to them cannot be disciplined as unlicensed medical practice,” the court concluded.

Attorney Chang-min Jeong (12th bar exam) of Daeryun Law Firm, who represented Mr. A in this case, explained, “It was recognized that in order for an act of aggression against one’s own body to be subject to criminal punishment or regulation under public law, there must be special regulations such as the Narcotic Drugs Control Act.”

The Ministry of Health and Welfare appealed, and this case was decided in the second trial.

Reporter Jang Seo-woo (suwu@hankyung.com)

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Korea Economic Daily - "I was taking medication for hair loss..." The story of a dentist's license being suspended (link)
Seoul Economic Daily - "Ah, Ususu is missing again"... Dentist's license suspended after taking hair loss medication (Shortcut)