• Journal of the Korean hospital association
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• v.35 no.3 s.301
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• pp.72-76
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• 2006

한국병원경영연구원이 지난 3월24일 '의료광고 허용, 어떻게 할 것인가'를 주제로 2006년도 춘계심포지엄을 가졌다. 이 심포지엄은 그 동안 규제일변도였던 의료기관의 광고가 헌법재판소로부터‘의료광고 위헌’으로 판결이 났고, 이에 따라 관련법령의 정비가 시급해진데다가 또한 병원경영에도 적지 않은 영향을 미칠 것이라는점에서 많은 병원인들의 관심을 모았다. 이 심포지엄에선 '의료광고규제 제도개선방안'과 '바람직한 의료광고 도입방안'이란 주제발표와 이들 각 주제에 대한 토론이 있었다 다음은 이들 주제발표와 토론 내용을 요약한 것이다.

• 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.'

• Proceedings of the Korean Society of Computer Information Conference
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• 2017.01a
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• pp.99-102
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• 2017

illegal medical advertisement have been on the rise, and false and exaggerated medical advertising are increasing the damage to medical consumers. Therefore it is urgent to take countermeasures about this. Thus, this paper try to analyzes the characteristics of general commercial and other medical advertisements and looks for alternatives that can minimize the damage caused by illegal medical advertisements and institutional weaknesses by analyzing the regulatory trends in medical advertising.

• Proceedings of the Korea Society of Design Studies Conference
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• 1999.05a
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• pp.50-51
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• 1999

병원은 생명을 다루는 서비스를 취급하고 이것은 국민의 건강 및 생명과 직결된 서비스인 만큼 상업적 목적으로 다루어질 수 없는 분야이다. 따라서 영리만을 목적으로 의료광고가 시행되는 것을 우려하여 의료광고를 법적으로 금지하고 있다. 이러한 상황은 내ㆍ외적으로 병원을 알릴 수 있는 매체와 방법을 극히 제한적 규제하였다. (중략)

• The Journal of the Korea Contents Association
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• v.17 no.4
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• pp.36-47
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• 2017

This study was carried out by practical method in a subjectivity study accessible in-depth, in sloughing off old habit of functional quantity analysis about medical-information advertising. The perception pattern come out in this study were divided into five types in Q-methodology. The result is as follows ; it is divided into 1[(N=4) : Interest Type], 2[(N=3) : comparison Type], 3[(N=3) : Product-focus Type], 4[(N=3) : Disbelief Type], 5[(N=2) : Improvement Type]. In conclusion, this study is to ascertain acceptance behavior about Reception Type on medical-information advertising ; to offer a developmental suggestion about it.

• Korea Journal of Hospital Management
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• v.24 no.1
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• pp.77-80
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• 2019

The medical advertising review system which was revised and implemented on September 28, 2018, was revived. In this paper, we examine the implications of social ethics and public value of advertising under 4 perspectives of advertising, present the direction of future medical advertising, and suggest the meaning and expected effect of the preliminary medical advertising review system.

• Journal of Legislation Research
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• no.53
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• pp.375-418
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• 2017

Recently, a specialized hospital designation system has been introduced. In this regard, it is a question of whether a hospital can be searched by using the term 'specialized hospital' or 'specialized' in Internet online search. In this paper, it was examined whether there is a possibility that the medical institution might be mistaken as a specialized hospital designated by the Ministry of Health and Welfare when the concept of 'specialized hospital' or 'specialized' was used in advertisements. The name specialized hospitals can basically have three general meaning. So, if there is a possibility of confusion or misunderstanding in connection with this general meaning, it may be false advertising. The use of concepts other than these general meanings in law does not mean that general meaning disappears from consumer perception. Therefore, although the concept of a specialized hospital in the medical service act is defined in a special sense, the meaning of the specialized hospital should also be considered according to general recognition. In conclusion, the "Guideline for Specialized Hospital Advertising" prepared by the Ministry of Health and Welfare shows that the establishment of a wide range of prohibition limits the freedom of expression of medical institutions. In addition, the comprehensive prohibition of search terms such as 'specialized', and 'advanced' prevents consumers from freely searching for medical institutions with expertise. These guidelines, which are being deprived of the opportunity for professional medical institutions to advertise themselves appropriately, must be thoroughly reviewed.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.103-141
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• 2017

The (Korean) Medical Services Act revised in 2009 introduces the accreditation of specialty hospital. When a hospital meets prescribed standards, passes a board review, and is accredited as a specialty hospital by the Minister of Health and Welfare, then it may use 'specialty hospital' in its name and certification mark of specialty hospital. The problem is that the (Korean) Fair Trade Commission and the (Korean) Ministry of Health and Welfare, both of which have authorities to regulate advertising in general and in health care service in turn, announced the guidelines to prohibit internet (portal) service providers to provide keyword search ads service using key-words such as 'specialty' or 'specialized in' for those who are not accredited by the Minister of Health and Welfare. In this article, whether these guidelines can be justified by the current regime and whether the current specialty hospital policy is agreeable would be examined. To do this, the legal nature of accreditation of specialty hospital, the limit of advertisement regulation, the law of keyword search ads, and the liability of internet service providers also would be analyzed.

• The Journal of the Korea Contents Association
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• v.19 no.7
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• pp.1-12
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• 2019

According to a survey on the frequency of access to medical ads by the Korea Press Foundation in 2017, the most commonly exposed ads among adult men and women are advertising about beauty, plasticity and obesity. As of 2011, South Korea had the largest number of cosmetic surgeries in the world, with 131 cosmetic surgeries per 10,000 people. As a result, as many as 1,414 plastic surgery clinics are operating in South Korea, and the number is also on the rise. Although there are various standards for evaluating people's appearance, the desire to pursue a better look is growing day by day. Then, one might wonder what factors influence consumers' choices among the numerous advertisements for plastic surgery clinics. Based on these questions, this study identified the examples of plastic surgery advertisements, analyzed their type, and identified the types of advertisements with the high visual appeal of the advertising consumer through eye tracking experiment. In total, seven eye-tracking tests of plastic surgery social media advertisements were conducted on 10 subjects. The results showed that the commercial model was the biggest factor that caught the attraction and attention of the ad recipient first and that the most focused and long-standing factor was the treatment contents. Therefore, it is important to select proper commercial models for hospital and clinic contents and to specify factual treatment contents when producing social media advertisements for plastic surgeons. We hope these findings will help create online advertising for plastic surgery clinics effectively.

• The Korean Society of Law and Medicine
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• v.13 no.2
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• pp.141-178
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• 2012

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.