학술논문

금지되는 기사성 의료광고의 한계
A Limit of the Prohibition of Article Type Medical Advertisement
Document Type
Article
Text
Source
의료법학, 12/30/2012, Vol. 13, Issue 2, p. 141-178
Subject
기사성 광고
의료광고
건강권
의료소비자 보호
의료인간 공정경쟁
건전한 의료제도 확립
언론출판의 자유
직업의 자유
광고 규제
Article type advertisement
Medical advertisement
Health rights
Medical consumer protection
Fair competition between medical care provider
Establishment of sound medical system
Freedom of press and publication
Freedom of occupation
restriction on advertisement
Language
Korean
ISSN
1229-8069
Abstract
Korea’s medical law prohibited medical advertisements in principle and permitted them on an exceptional cases. However, the decision of the Constitutional Court of 20005. 10. 27. 20003 Heonga 3, it was changed to a negative system which allows advertisements in principle and restricted only exceptionally. Dramatic increase of medical advertisements was made after that and many argued more deregulation because there was actually heavy regulations. In particular, there is almost no actual regulation on the article type advertisement due to the reason of protection of the freedom of press, media and occupation. However, there may be an unjust result if a specific article or specialists’ opinion is made using a newspaper, broadcasting or magazine as a form of article type advertisement to specific medical specialists or medical institution or medical treatment method that falsifies consumers or makes consumers confused by unjust medical expectations or reliability, that also deteriorates just competition and that causes the misrecognition of consumers. In fact, there were actual damages of article type advertisements on the eye whitening surgery not long after the transfer to a negative system of medical advertisements. Victims raised a medical proceeding against the doctor who carried out the surgery, but there is actually no systematic warranty except for the indemnity request. Thus, this case demonstrated a vulnerable result of a negative system. As such, it is problematic that there is no proper regulations defined in the current law and regulations because of the reason of the protection of the freedom of press, publication and occupation despite damages of such article type advertisements. Accordingly, it is urgent to apply the current prevention regulations on the article type advertisements strictly, and to set up specific regulations.