• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.3
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• pp.270-276
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• 2017

Previous studies of the effects of comparative advertising did not consider that comparative advertising should satisfy its legal conditions otherwise it would be unfairly comparative advertising. In this context, this study reviewed the current legal definition of 'unfairly comparative advertising' to clarify it by the definition of unfairly comparative advertising of the Guideline of Judgement of Comparative Labeling or Advertising based on the Act on Fair Labeling and Advertising. In addition, this study confirmed that comparative advertising was banned by the Monopoly Regulation and Fair Trade Act, which was the previous act on unfair labeling or advertising, and identified differences between the two Acts in regulating unfairly comparative advertising. This study analyzed 354 adjudication cases of unfairly comparative advertising based on the regulation of Monopoly Regulation and Fair Trade Act. As a result, the definitions of the two Acts of unfairly comparative advertising were found to correspond to each other. These results suggest empirically that comparative advertising was not banned legally in the past and the definition and judgement standards of unfairly comparative advertising have not been changed.

• 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.