• Journal of Digital Convergence
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• v.16 no.11
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• pp.275-280
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• 2018

This study attempts to examine the equity of regulation in advertising. After scrutinizing asymmetric regulation in advertising, this study propose measures to increase the equity of advertising regulation. This study proposed horizontal regulation and unification of regulatory agencies as direction of increasing the equity of regulation in advertising. In order to ensure the equity of advertising regulation in the new types of media that appear in various ways, horizontal regulation that decides advertising regulation policy based on the nature of contents or service is desirable. To increase the equity of regulation in advertising, it is recommended that the advertising regulatory system be operated with integrated regulatory organization.

• KDI Journal of Economic Policy
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• v.16 no.2
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• pp.51-89
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• 1994

본(本) 논문(論文)은 졸고(拙稿)(1989)에 이어 정부규제(政府規制)의 폐해가 특히 심각한 방송광고산업(放送廣告産業)에 초점을 두고 한국방송광고공사(韓國放送廣告公社)(KOBACO)라는 규제기구(規制機構)가 중심이 된 각종 규제(規制)의 쟁점(爭點)을 분석한 결과, 대부분의 규제(規制)가 폐지 혹은 완화되어 방송광고(放送廣告)의 시장기능(市場機能)이 활성화(活性化)되어야 함을 주장하고 있다. 조속(早速)한 시일내(時日內)에 규제개선(規制改善)이 필요한 정책과제(政策課題)는 방송광고시간규제(放送廣告時間規制)의 단계적 완화, 토막광고규제(廣告規制)의 단순화, 중간광고(中間廣告)의 허용, CATV 등 신규방송매체(新規放送媒體)의 확충, 규제요금(規制料金)의 단계적 인상, 매체별(媒體別) 시급구분(時級區分)의 자율성 확대를 통한 요금체계(料金體系)의 합리화, "rotation time"제(制) 도입, KOBACO의 수탁수수료(受託手數料) 폐지, 민간대행수수료(民間代行手數料)의 인상, 계열(系列) 비계열(非系列)의 수수료차별화(手數料差別化) 폐지, 복수대행(複數代行)자유화, 한국언론회관(韓國言論會館)의 정부광고독점대행권(政府廣告獨占代行權) 폐지, 방송광고사전심의제(放送廣告事前審議制) 폐지, 매체(媒體)의 대행사(代行社) 소유(所有) 지배(支配) 경영(經營) 차단 등이다. 한편 시청률조사(視聽率調査), ABC 등의 조기정착과 광고산업에 대한 공정거래법(公正去來法)의 적용 등은 시장기능(市場機能)의 전제(前提)가 되는 정책과제로서 제시되었다. 또한 KOBACO 독점대행권(獨占代行權)의 완전폐지, 방송광고요금(放送廣告料金)의 완전자율화, 시간규제(時間規制)의 추가적 완화 등은 이러한 규제개선을 완결시키는 과제로서 제시되었다. 본(本) 논문(論文)은 이러한 정책과제가 효율적으로 추진되려면 경제행정규제완화위원회(經濟行政規制緩和委員會)와 공정거래위원회(公正去來委員會)가 중심기구가 되어야 함을 강조하였다. 규제기능이 사라진 KOBACO의 위상변화는 본(本) 논문(論文)이 고려하지 않았던 지출기능(支出機能)의 평가에 따라 결정될 것이지만, 규제폐지에 관한 한 그 존재의의는 사라진다.

• Journal of Internet Computing and Services
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• v.17 no.4
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• pp.145-159
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• 2016

This study points out the problems of absence of the legislation for standard regulation on Video on Demand(VoD) advertisement which grows so fast lately, for this it recommends making legal references, which have the definition of non-linear broadcasting & VoD advertisement and VoD advertisement standard regulation in the merged Broadcasting Act, and adopting co-regulation system. Pay TV operators providing VoD service have the opportunities to make money as subscribers uses it increasingly. In case of linear service, the Broadcasting Act regulates the advertisement strictly, but not the VoD ads. The reason why is that Korean legislation including the Broadcasting Act does not have legal reference to regulate it, instead of that, it rely on the self-regulation system which is operated by pay-tv players who provide the VoD ads. So, there is the limitation to protect the minors such as children and youth from the harmful VoD ads, to be invulnerable for advertisers to influence to advertising agents, and to ensure the regulatory effectiveness under player-centric self-regulatory regime. In this context, this study analyses the how to regulate VoD ads standard with a three-pronged approach. First, it analyses the VoD ads regulation system in overseas countries, UK, Canada, EU and Ireland. Each country has the legal reference to regulate it in the Broadcasting Act or lower statures and adopts the co-regulatory regime the NRA and the 3rd entity operate together. Second, it reviews the objectives and scope of VoD ads standard. This study recommends that the objective of it is users protection and the scope of it is standard regulation not commercial practice. Third, this study researches how to legislate for regulation of VoD ads standard. Considering VoD service's characteristics(non-linear service) and legal position of Ads agency(i.e. pay tv operators), it suggest that legal reference will be in the integrated Broadcasting bill, which is the general law, not individual. If it is available to regulate VoD ads standard with co-regulatory regime, it expects the enhancement of user protection from the harmful VoD ads and make up sustainability of the pay-tv players' self-regulation.

• Journal of Digital Convergence
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• v.12 no.7
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• pp.103-112
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• 2014

The virtual advertising which emerged in new technology environment and new advertising environment has been executed lately. The right regulation of virtual advertising is very important to the growth of it, because virtual advertising is new form of advertising and it can change program contents easily. In addition, it's time for considering the overall supplementation of virtual advertising regulation, based on the results so far achieved. In this sense, this article examined the regulation of virtual advertising which has been executed since 2010. It first examines the characteristics of advertising in digital media convergence environment and the growth and effect of virtual advertising. Then, research problems were suggested. Based on the research problems, it examines the status of virtual advertising regulation for each country. Then, it analyzes and discusses the major issues related to today's virtual advertising regulation. The article concludes with policy recommendations.

• Journal of the Korea Convergence Society
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• v.9 no.2
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• pp.145-150
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• 2018

Recently, it has been continually researched that the advertising regulation should be tightened since suggestive advertising in Internet affect more negatively juveniles. Most of the researches seem to overlook an important fact that the objects of the researches, suggestive advertising are different from the harmful advertising to juveniles defined by the Juvenile Protection Act because they approached with ethical perspectives, not legally. It can be judged that the suggestive advertising in the past researches are not actually harmful advertising regulated by the Act, so the suggestive advertising should be properly managed for protecting juveniles, not banned. In this context, this study suggested that more proper and reasonable advertising regulations in Internet environment for protecting juveniles, with reviewing the problems of regulation system of media product harmful to juveniles, focusing on the differences between 'suggestive' and 'harmful' advertising to juveniles by the Act.

• Korean journal of communication and information
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• v.26
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• pp.209-257
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• 2004

Comparative advertising, in which explicit or implicit comparisons are drawn between the advertised brand and its competitors, is commonplace in today's marketplace. While holding the promise of helping consumers make more informed choices among brands, comparative advertising may actually have the opposite effect when they mislead consumers about the relative merits of competing brands. Therefore government agencies are continuously monitoring the comparative advertising to ensure that it is in the public's interest. The objective of this study is to investigate cross-national differences in comparative advertising regulation. For this, the study analyze the law of comparative advertising in Korea and around the world. The results showed there are differences among nations in the law of comparative advertising and most nations have special legislation on the comparative advertising. The other finding of this study is that the law governing comparative advertising becoming increasingly clear. This study can assist advertisers concerned with providing advertising that is acceptable to countries which they attempt to marker. And this work can contribute to the research scream, building on the work of others in broadening the understanding of that constitutes acceptable comparative advertising in contemporary nations.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.15 no.2
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• pp.672-677
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• 2014

The purpose of this study is to analyze the advertising regulations for juvenile protection, find their problems and suggest the alternatives for their improvements. All media products harmful to juveniles including advertising are regulated by the Juvenile Protection Act. The regulations related with advertising for juvenile protection of the Special Act on Safety Control of Children's Dietary Life, the Broadcasting Advertising Review Regulations and the National Health Improvement Act were analyzed. The results were: 1)the weaknesses of the implementation of the regulations with lack a little consistency and a lack of objectivity; 2)the necessity of the newly established articles with the times; and 3) the urgency of the establishment of alcohol advertising regulations. In conclusion, it has been suggested that the integrated advertising regulations or guidelines by the unitary review board should be implemented.

• Food Industry
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• s.34
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• pp.95-96
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• 1976

경제기획원은 불공정거래행위로 지정된 허위 과대광고의 규제대상 등 세부운용지침을 물가대책위원회의 심의를 거쳐 확정했는데 운용기준 전문은다음과 같다.

• Information and Communications Magazine
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• v.28 no.12
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• pp.32-41
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• 2011

광고는 제조, 유통, 서비스 등의 산업에서 공급하는 재화 등에 대한 정보를 확산시키고 소비자가 이의 재화에 대한 거래를 성립시키기 위한 수단이며 광고주가 미디어 기업 등에게 지불하는 광고비는 미디어 기업에서 양질의 콘텐츠를 제작 유통 할 수 있는 주요한 재원이다. 즉, 미디어는 광고주와 수용자가 공존하는 대표적인 양면시장이며 여기서 광고는 해당 시장을 유지하게 하는 중요한 수단이다. 이처럼 미디어 환경과 광고산업은 밀접한 관계를 가지고 있으며 이는 미디어 환경 및 광고 관련 규제에 국내 광고시장이 의존하고 있다는 것을 보여준다. 이에 본고에서는 최근 논의되고 있는 중간광고, 간접광고, 종합편성 채널 PP도입, 인터넷광고 시장현황 및 전망 등에 대하여 고찰하였다. 중간광고 등의 규제 완화는 국내 광고 시장에 직접적으로 성장 가능성에 영향을 주고 있으나 이는 미디어 이용자의 이용행태를 고려하여야 할 것이다. 또한 종합편성 채널 PP도입은 해당 사업자가 제작비에 투자하는 정도에 따라 시청률에 영향을 주며 이의 효과로서 광고비가 증가된다는 결론이 도출되었다. 다만 지상파, 유료방송 고려시 순증효과와 대체효과가 공존하며 이의 결과 전반적으로 광고시장의 성장이 전망되었다.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'