• 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 the Korea Society of Computer and Information
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• v.21 no.6
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• pp.97-106
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• 2016

This study tries to seek the is the realistic improvements and legislative measures about current medical advertising which was in the Court on 12 May 2015 by presenting and discussion the understanding, problems and its alternative direction of pre-deliberation on the existing law which is the decision on the constitutionality of health care advertising regulated health care advertising General commercial advertising has the right which have to be protected as the terms of the protection of know and freedom of expression and advertiser's there are sure to be in a value to be protected. Medical advertising is also a person in addition to the absolute value that includes both Due to the particularity of medical advertising in terms of life and the right to health Until now, this has been the target of strong regulations are changing the policy of gradual deregulation in our country, including the country. Medical advertising on the current medical law had been to be checked by pre-deliberation of the executive power. However, due to unconstitutional, in the circumstances which a false hype is flooding and increasing, it has been realized that the fair competition of medical community, life and health rights of the people are threatened by in reverse. In this regard, the abolition of the pre-deliberation system of medical advertising can be welcomed by abolition of the old system which is the legal and institutional censorship. Since its abolition, the alternative policy direction is insufficient also it is not clear. Therefore we need to study this. Therefore, in this paper, we try to find general theoretical background and problem of pre-deliberation system of medical advertising. Also, as trying to find feasibility or ambiguity of regulation and issues about medical advertising on medical law, we argued the provision of special measures of the medical advertising for introduction of integrated medical advertising deliberation committee which can ensure the independence and autonomy, strengthening of the monitoring on the internet advertising, legal resolving through amendments, strengthening of penalties, and establish special measures of medical advertising for the medical privatization and demand for the foreign medical tourist, etc. Empirical study about practical regulatory measures of medical advertising which converged the various opinions of consumer groups, government and academia, and medical community, and we expect hope to see the more realistic alternative provision.

• The Korean Journal of Health Service Management
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• v.10 no.2
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• pp.25-34
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• 2016

Objectives : This study was conducted to examine what types of attributes advertising and promotion staff members working at different medical institutes consider when performing their advertising duties. It also seeks to identify satisfaction levels with the advertising conditions and tasks required of them to perform the actual advertising. Methods : This study subjects were members registered in the address book of the Korean Hospital Public Relations Association with 127 actual test respondents targeted. Results : Regarding the selection of the types of advertising message appeals, those with less than five years of work experience were found to prefer emotional messages, whereas those with more than six years of work experience were found to prefer rational messages. male advertising planners preferred rational messages, whereas female advertising planners preferred emotional messages. Conclusions : The medical advertising facilities at hospitals and equipment to produce the main materials to improve the effectiveness of advertising should be considered.

• Journal of the Korea Society of Computer and Information
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• v.22 no.5
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• pp.105-110
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• 2017

It is natural that the medical advertisement should be guaranteed as part of the basic commercial activities of medical institutions. However, the general public are non-specialist and they have less informed about medical care than medical specialists, and it is not easy to judge and select medical information. Also, if someone damaged by illegal medical advertising, it cannot be recovered to the original. In this regard, medical advertising has been legislated so that medical organizations can pre - screen the medical laws. However, In December 2015, after the Constitutional Court ruled unconstitutional preliminary censorship, it became virtually impossible to pre-screen. In recent years, 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.

• 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.

• The Journal of the Korea Contents Association
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• v.14 no.5
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• pp.272-280
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• 2014

This study was researched by practical method in a subjectivity study accessible in-depth, in sloughing off old habit of functional quantity analysis about utility awareness of medical machinery. The perception pattern come out in this study were divided into three types in Q-methodology. The result is as follows ; it is that divided '1[(N=11) : Safety & Importance of Advertising 1], 2[(N=9) : Safety & Importance of Advertising 2], 3[(N=10) : Safety & Endurance]'. Like this, it found that is very different type all over. Hereafter, this study is to ascertain acceptance behavior about reception type on utility awareness of medical machinery ; to offer a developmental suggestion about it.

• 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.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.165-181
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• 2014

Advertisements and labels provided by businesses are highly likely to contain false or exaggerated content because of the business's purposes. In these cases, it is difficult to deliver proper information to consumers, and regulation is necessary to some extent. In particular, information delivery is more important in the health medical and biotechnology areas than any other because of their specialized characteristics. The Fair Labeling and Advertising Act regulates ordinary content for labels and advertisements, while individual laws stipulate regulations for false or exaggerated advertisements and labels. Criminal law might apply in fraud cases depending on their characteristics. Therefore, consistency is needed among criminal fraud laws and regulations, the Act on Fair Labeling and Advertising, and legal punishment. However, a review of all these laws found that there is no such consistency. Accordingly, this paper asserts the need for improvement in this area.

• Journal of Distribution Science
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• v.17 no.6
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• pp.57-63
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• 2019

Purpose - This research is to review the state of standard labeling compliance and identify the factors that are conducive to compliance with the Labeling Standards of the Health Functional Foods Act in internet distribution. Research design, data, and methodology - We checked 9 labels including product name, expiration date, manufacturing date, raw material, ingredient, operative dose, nutritional information, daily intake, and functional effect which are based on Labeling Standards of the Act from 100 health functional foods in the internet shopping malls. These 9 structure & function claims were compared using a Chi-square test. Results - There was a statistically significant difference in the use of standard labeling between domestic product and imported products (p<.001). The related strength between these two variables showed a moderate effect size. Also, there was a statistically significant difference between accredited advertising/unaccredited advertising distinction and use of standard labeling (p<.001). The related strength between these two variables showed a moderate effect size. Conclusions - The Labeling Standards of the Act were not followed and found to be related to imports or unauthorized advertising in internet distribution. The information displayed according to the Labeling Standards was only about 2 on the average, so many labels have been posted unreadably without arrangement.