<Case Brief>

Court

Seoul Administrative Court
Administrative Division 5


Presiding Judge

Lee Jeong-won


Case Number

2024Guhap88242


Decision Date

February 2, 2026


Disposition

– Plaintiff’s claim dismissed

– Three-month medical license suspension upheld



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Holding

A court ruled that ordering a dental hygienist to draw blood from patients constitutes unlawful delegation of medical practice, justifying a three-month suspension of the physician’s license.


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Key Facts

The plaintiff, Doctor A, worked at a clinic in Seoul.

He instructed a dental hygienist, who is not legally authorized to perform phlebotomy, to draw blood from approximately 570 patients.

Doctor A was criminally convicted and fined 10 million KRW for violating the Medical Service Act.

Following the conviction, the Ministry of Health and Welfare imposed a three-month suspension of his medical license.

Doctor A challenged the suspension, arguing:

The applicable sanction should have been 15 days, not three months.



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Doctor’s Argument

Doctor A claimed the conduct fell under:

“Allowing a licensed medical technician to exceed their scope of work,” which carries a lighter administrative penalty (15 days) under enforcement guidelines.


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Court’s Reasoning

No dispute on illegality.
The court noted that there was no disagreement that blood collection falls outside the permitted scope of a dental hygienist’s duties.

Avoiding irrational sanction gaps.
Accepting Doctor A’s argument would create an illogical result:

Ordering a layperson to perform medical acts → 3-month suspension.

Ordering a medical technician to do the same → 15-day suspension. This disparity, the court said, is untenable.


Greater public health risk.
Delegating medical acts reserved for physicians to non-qualified personnel may pose even greater risks than a physician personally exceeding their license scope.

Proper classification of the violation
The court held the conduct should be treated as:

“Allowing a non-medical professional to perform medical acts,” warranting the three-month suspension.


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Disposition

The administrative sanction imposed by the Ministry of Health and Welfare was lawful and proportionate.

The physician’s request to downgrade the penalty was rejected in full.



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Why This Case Matters

Clarifies limits of task delegation in healthcare.
Even within clinical settings, medical acts cannot be outsourced to convenience.

Reinforces strict reading of scope-of-practice rules.
Titles and proximity to healthcare do not expand legal authority.

Signals zero tolerance for mass, systematic violations.
The scale of conduct (570 patients) weighed heavily against leniency.

Compliance takeaway for clinics.
Efficiency does not excuse violations of the Medical Service Act.


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Takeaway

> In Korean healthcare law, blood draws are not a matter of workflow—they are a matter of license. Delegation beyond statutory limits comes at a real professional cost.

Article: https://www.lawtimes.co.kr/Case-curation/215474