보건의료 관련 직역간 업무범위 분쟁의 쟁점: 의료기기 사용에 있어 의사와 피부미용사간 갈등을 중심으로

Abstract

This study examines the current status of conflicts in the work area between doctors and estheticians the use of medical devices and analyzes the issues. In Korea, there are no separate regulations related to beauty devices, and most skin care businesses are using medical devices indiscriminately and practicing unlicensed medical practices. The use of medical devices under the Medical Act can only be done by qualified and licensed medical personnel, and conflicts between doctors and estheticians regarding the use of medical devices by estheticians have been ongoing for a long time. An important issue in the use of medical devices by estheticians is whether the use of medical devices constitutes unlicensed medical practice. Although there is no clear definition of medical practice, it can be regarded as medical practice by analogy with the precedents of the Constitutional Court and the Supreme Court, and may cause harm to the health and safety of the public. The use of medical devices other than medical personnel is prohibited according to the current Medical Act, Public Health Control Act, and Medical Device Act. In Korea, estheticians do not have enough qualifications and licenses to use medical devices, and there is no country that manages cosmetic devices as a separate category abroad, and they are generally certified as medical devices or industrial products. The cause of job creation through deregulation of the beauty industry cannot be given priority over the value of protecting the health of the people stipulated in the Constitution and the Medical Act. Safety and management standards need to be strengthened and it is time to review the principles.