Oriental medical doctors have blasted the Constitutional Court’s decision to acknowledge the moxibustion practice of legally unauthorized acupuncturist Kim Nam-su.

They have vowed to protest the ruling and urged the government to stop non-accredited Oriental doctors from practicing.

Their protest came as the Constitutional Court on Thursday ruled that the prosecution’s indictment of Gudang, the pen name of Kim Nam-su, for illegal practice of Oriental medicine unconstitutional.

The 96-year-old acupuncturist was certified as an acupuncturist in 1983 by an administrative court when his then 47-year experience in the field and former acupuncturist certificate issued by the Japanese colonial government (1910-1945) was accepted. But he has not managed to win authorization for moxibustion and training.

Only Oriental medical doctors who have graduated from related medical schools have the right to perform moxibustion in Korea. But Kim has continued to use moxibustion and even certified 4,000 people under his training regime for both moxibustion and acupuncture. Officers of the Seoul North District Prosecutors’ Office in 2008 indicted him but suspended further processing, considering his age and reputation.

However, the Constitutional Court ruled in Kim’s favor.

“The impact of moxibustion on human body is slight and we shouldn’t be too worried about his practice,” the court ruled. “Kim’s practice is socially tolerable given his decades of experience in moxibustion and acupuncture. Adversely, the prosecutors’ assumption of Kim’s being guilty could be an infringement on Kim’s rights to seek fair treatment and happiness.” 

The Association of Korean Oriental Medicine, which has filed complaint against Gudang with the prosecution, on Sunday denounced the court ruling.

“The Constitutional Court’s ruling is ridiculous: Does it mean that any illegalities could be acknowledged as legality if it had been practiced for a long period of time?” the group said.

“The current legal system acknowledges the risk of acupuncture, moxibustion as well as other Oriental medical practices and that’s why we have a state-license system. Gudang has been practicing something beyond his legal authorization. We cannot help but lament the court ruling giving the rule-breaker a remission,” it said.

The group called for the Ministry of Health and Welfare to pose stricter regulation on Gudang and his students’ practice.

Still, Gudang faces another legal battle: Next month, another local court is to sentence over Gudang’s allegedly raking in 10 billion ($8.6 million) by teaching and certifying his trainees.

By Bae Ji-sook
(baejisook@heraldcorp.com)