Oriental medicine doctor given suspended sentence for sexually assaulting patient

A suspended prison sentence was finalized Tuesday for an oriental medicine doctor convicted of sexually assaulting a patient under the pretense of a medical examination.

[JOONGANG ILBO]

A suspended prison sentence was finalized Tuesday for an oriental medicine doctor convicted of sexually assaulting a patient under the pretense of a medical examination.

The Supreme Court dismissed the appeal of the accused doctor and upheld the appellate court’s sentence of one year in prison, suspended for two years, according to the legal community on Tuesday.

The doctor was indicted for molesting a female patient at his clinic in Gwangjin District, eastern Seoul, in August 2020. After completing physical therapy, he claimed to "examine" her for indigestion and then touched her breasts and genitals under the guise of diagnosis.

The district court initially acquitted him, stating, “Based solely on the victim’s testimony, it is difficult to definitively conclude that the defendant's touching of the victim’s breasts or genitals was intentional and for the purpose of sexual assault.”

However, the appellate court overturned that ruling, finding him guilty of sexual assault. It sentenced him to one year in prison, suspended for two years, along with 160 hours of community service and 40 hours of sexual violence education.

The Supreme Court agreed with the appellate ruling, stating there was no legal error.

The Supreme Court in Seocho District, southern Seoul is seen on June 9. [NEWS1]

In its decision, the court emphasized that when determining whether physical contact during diagnosis and treatment involving intimate body parts constitutes sexual assault, judges must carefully assess whether the act infringes on the patient's sexual autonomy.

The court also stressed the need to consider whether the method of treatment was medically reasonable and whether the practitioner had explained the procedure and obtained the patient’s consent in advance.

"The victim has had extensive experience receiving treatment at oriental medicine clinics, and her testimony includes specific and detailed elements — as well as emotional responses to the defendant’s actions — that would be difficult to articulate without having directly experienced them, thus lending credibility to her account," the court said. “There is no motive or reason for the victim to falsely accuse the defendant or to deliberately make statements unfavorable to him."

“It is highly unusual for a male doctor to directly palpate a female patient’s pubic area, and even if such an examination were necessary, proper precautions should have been taken to avoid misunderstandings,” the court said. “The defendant neither sought the patient’s consent nor documented the examination in the medical records, undermining his claims.”

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff. BY HAN YOUNG-HYE [lim.jeongwon@joongang.co.kr]