By Lee Hyo-sik
Staff reporter

The nation’s highest court ruled Thursday that the current Medical Law, which bans unlicensed individuals from practicing acupuncture and other alternative medical treatments, is indeed constitutional.

The Constitutional Court said out of its nine judges, four viewed the law as constitutional while the remaining five opposed it such. However, to produce an “unconstitutional” decision, at least six judges have to deem it so.

Kim Nam-soo, 95, a leading expert in Korean acupuncture and moxibustion, filed a complaint with the court after he saw his practice banned for 45 days in 2008 on charges of practicing acupuncture without an oriental doctor’s license.

Kim has made his name through numerous “successful” treatments over the past seven decades using moxibustion.

His unique skill involves heating acupuncture needles with the herb mugwort for various treatments.

The country’s medical law states only certified doctors can treat patients and even doctors are not allowed to engage in medical practices for which they are not licensed.

But Kim argued the unlicensed should be permitted to practice medical services, insisting the prohibition violates patients’ rights to treatment and individuals’ freedom of choice over occupation.

On behalf of Kim, the Busan District Court filed a petition to the Constitutional Court.

But the Association of Korean Oriental Medicine has been insisting that Kim and other unlicensed individuals should be banned from engaging in medical practices to protect the health and lives of patients.

In September 2008, the Seoul Metropolitan Government suspended Kim from practicing. In May 2009, the Seoul Administrative Court upheld the suspension.