• Human Ecology Research
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• v.54 no.1
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• pp.27-43
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• 2016

This study initiates from the question of whether current advertising regulations are appropriate to be applied to the market. It confirms the relationship between misleading online advertisements of weight-loss food and consumer damages. This study argues that it is necessary to enforce monitoring and regulating (strengthening monitoring) for situations where misleading advertisements are exposed in the market with subsequent consumer damages. However, deregulation is needed for advertisements exposed in the name of misleading advertisements but with no consumer damages. In conclusion, the regulations of current weight loss foods are properly established $vis-{\grave{a}}-vis$ the market situation. However, misleading advertisements are prevalent for all regulated types: Type I (product quality and effect), Type II (endorsement and warranty), Type III (ways to use and safety), Type IV (comparison and superiority), and Type V (company information). Promotion targeting businesses, market monitoring and control are necessary to ensure that advertising regulations (which have existed only as an institution) can be appropriately applied. It is also confirmed that 'comparison advertising' (applicable to Type IV where consumer damages were not shown compared to other regulations) does not have an actual effect as a consumer protection regulation that should be considered in regulation revisions. Consumers also did not recognize Type III and V in the purchasing stage while consumer damages were demonstrated; consequently, this implies that consumers need to check and become attentive to these types.

• Journal of Families and Better Life
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• v.26 no.1
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• pp.15-29
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• 2008

The study examined the characteristics of internet shopping mall sites including on-line market places and integrated internet stores from a perspective of consumer protection. Specifically, the study investigated 1) whether sufficient information is provided on the internet shopping mall sites, 2) whether shopping mall sites abide by internet advertising principles, and 3) specific examples of consumer misleading potentialities from internet shopping sites. Further, on-line market places and integrated internet stores were compared based on their informativeness and potential consumer misleading factors. Total 50 shopping mall sites were analyzed for examining the types of information provided and consumer misleading factors. To verify study questions, descriptive statistics were used. For comparison between on-line market places and integrated internet stores, Chi-square test and independent-sample t-test were employed. The results of this study were as the following: First, not a few of the internet shopping mall sites did not provided important information such as safety and warrantees. Second, important disclosures were not noticeable on the web pages and distracting factors were frequently used. Third, integrated internet stores were desirable compared to on-line marketplaces based on informativeness and consumer misleading potentialities. As the result of this study, internet shopping malls need to advised to provide sufficient information and reduce potential misleading factors.

• Korean journal of communication and information
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• v.39
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• pp.428-472
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• 2007

The purpose of this study is to find that how the principles of Fair Labelling and Advertising Act(called 'FLAA' hereinafter) apply to the unfair comparative labelling and advertising activities, as compared with deceptive and misleading, by analyzing the related judicial precedents for 7 years since FLAA enacted, The exact 17 precedents of Fair Trade Commission were analyzed to be judged the unfair comparative labelling and advertising activities, and partly also deceptive, falsified and exaggerated, which include in overlapping 5 comparative counterparts, 11 comparative standards, 7 comparative contents and 4 comparative methods in the unfairness types of comparison. Conclusively, it is needed that the unfairness of comparative labelling and advertising activities should be multiply considered in the concepts of deception, false or exaggeration and slanderousness, to more clearly apply to the facts and to more sufficiently protect consumers from the misleading environments.

• Korean Journal of Human Ecology
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• v.20 no.1
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• pp.143-154
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• 2011

The purpose of this study was to examine consumers' ability to distinguish advertorial and editorial about consumer information. The data were collected between June, 28 and July, 2 in 2010 through the Internet surveys. Total of 603 respondents were included in the analysis. The findings are follows as: First, consumers showed better ability to discern advertorial than ability to discern editorial. It implied that editorials could be considered as advertorial rather than advertorial could be considered as editorials. Second, it seems likely that rather than executional cues such as format and source information, the types of products/services were used as source cues among consumers. Third, consumers tend to prefer 'consumer information', 'advertorial' and 'advertisement' among 10 given advertising labels. In Conclusion, to prevent misleading potentials of advertorial and editorials, standardized advertising label should be used and notify consumers of advertising label.

• Journal of the Korean Home Economics Association
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• v.28 no.2
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• pp.91-106
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• 1990

This study focuses on consumers' advertising discriminatory competencies and the influencing facors. So the objects of this study are as follows : 1) to identify the overall level of advertising discriminatory competencies. 2) to examine if consumer attitude variables have significant effects on the ads. discriminatory competenceis. 3) to examine if the frequencies of contacting advertising variable have significant effects on the ads. discriminatory competencies. 4) to examine if socio-economics variables-age, educational level, monthly family income, occupational status-have significant effects on the ads. discriminatory competencies. 5) to find out the independent influence of variables related to the ads. discriminatory competencies. For this purpose, a survey was conducted using questionaires and advertisement papers. The data used in this study included 194 Homemakers living in Seoul. The ads. used in this study included ads. of diary products like foods, drinks, medicine, cosmetic, detergent in TV, radio, newspaper and magagine. Statistics were Frequency Distribution, Mean, percentile, ANOVA, Scheff -test, Pearsons' Correlation, Multiple Regrassion Analysis. Major findings were as follows : First, in 26 items(70%) of 37 items measured consumers' ads. discriminatory competencies, the rate of right answer was below 50%, so over the half of consumers were misleaded by the deceptive ads. Second, consumers' ads. discriminatory competencies differed significantly according to consumer attitude variables but no according to the frequency of contacting advertising. Third, according to socio-demographic variables-age, educational level, monthly family income, occupational status-advertising discriminatory competencies differed significantly. In group of lower age, higher educational level, higher income and professional occupation status, the level of ads. discriminatory competencies were high. Forth, the most influencing variabel on ads. disciriminatory competencies were eudcational level and in turn general attitude toward ads., attitude toward consumerism. This three variables explain 22.9% of dependent variable's variance. From these findings, the following suggestions are made, First, the consumer education offering informations and learing practical ads. discriminatory competencies should be conducted for all consumers wheather they are educated or not. Also the education to improve the consumer attitude must be. Second, considering misleading level, the business must make the regulatory standards and reinforce the regulation voluntarily, and by enforcing the regulation of ads. and deciding more diverse, objective and exact standards, the government should keep the consumer's right to know.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.3
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• pp.180-185
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• 2018

The literature of unfair labeling and advertising(ULA) was reviewed, along with the requirement for establishing an obligation to compensate for damage(OCD) by it based on the Act on Fair Labeling and Advertising(FLAA). ULA covers cases of possible deception or misleading consumers and thereby undermining fair trade order, or making other business entities do so. FLAA regulates OCD by ULA, but the Civil Act should also be considered for its effective results since the Act regards ULA as unlawful and duty bound to make compensation for damages arising therein. In this context, the study analyzed qualitatively 17 supreme court precedents related to OCD by ULA among a total of 119 by advertising to find the characteristics of the judgemental principles. It is found that most principles came from FLAA and the Act focusing on the meaning of false or exaggerated advertising, which is one of the following five ULA types according to its standards of judgment: its requirement for fraudulent acts, the meaning of damage by it, the perspective of calculation of damages, the requirement of OCD, and the characteristics of claim for damages. A more effective policy is suggested based on FLAA and related research should be continually carried on.

• Korean Journal of Health Education and Promotion
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• v.33 no.5
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• pp.71-81
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• 2016

Objectives: Tobacco marketing encourages smoking initiation of non-smokers, especially adolescents, and it hinders quit intention of those who smoke or who attempt to quit smoking. Article 13 of the WHO Framework Convention on Tobacco Control(WHO FCTC) requests a comprehensive ban on tobacco advertising, promotion and sponsorship(TAPS). Ratified the Convention in 2005, Korea has partially implemented the provisions. However, online marketing regulations are still insufficient. Methods: Based on relevant national and international regulations, this research designed monitoring mechanism for online tobacco marketing and studied 1,404 websites to identify current situation of online sales and advertisement of tobacco in Korea. Results: This study found that online trade of tobacco products are overtly conducted, while tobacco advertising with flavoring and misleading descriptors are also prevalent. Also, online tobacco marketing facilitate adolescents' access to tobacco product and that advertising and promotion activities lead to tobacco purchase without difficulties. Conclusions: Fundamental solution to prevent online tobacco advertisement and promotion is banning online sales of tobacco and conducting a regular monitoring for compliance. Korean government should consider establishing an official surveillance system for online tobacco advertisement, followed by a comprehensive ban on TAPS to fulfill its obligation as a Party to the FCTC.

• Journal of Community Nutrition
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• v.5 no.4
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• pp.230-238
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• 2003

Television is a powerful and persuasive teacher. It has the potential to influence perceptions, knowledge, beliefs, and behaviors, thus nutritionists need to be aware of the nutrition-related information (NRI) in television programming and the effect this information has on viewers. The purpose of this article was to review research published in peer-reviewed journals between 1988 and 2003 that examined the NRI embedded in American television programming, which is exported to over 125 nations, and its impact on nutrition knowledge, attitudes, and/or behaviors. This review revealed that, for the past 15 years, NRI was commonly included in both television advertisements and shows. Advertised foods were mainly high in fat, sodium, and/or sugar. In addition, the NRI embedded in food advertisements tended to be misleading or inaccurate. Prime-time television shows included numerous NRI containing scenes every hour, with situation comedies having the most and real-life re-enactment shows the least. Overall, low nutrient density foods accounted for approximately 40 percent or more of all food references on prime-time television shows. In television shows, foods were mostly consumed as snacks rather than meals and children often ate more nutritious foods than adults. Although relatively few studies have examined the impact of television programming on viewers, those that do exist indicate that as children watch more television, nutrition knowledge and understanding declines while misconceptions about nutrition increase. Advertising influences children's food purchase requests and subsequent purchases by adults, with the most requested and purchased foods being high in sugar, fat, and/or salt foods. Existing research indicates that television must be acknowledged as a major source of NRI and a potentially powerful influence on dietary practices.

• 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.'

• Journal of Preventive Medicine and Public Health
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• v.47 no.3
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• pp.129-135
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• 2014

Tobacco use is the most important preventable risk factor for premature death. The World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC), the first international public health treaty, came into force in 2005. This paper reviews the present status of tobacco control policies in Korea according to the WHO FCTC recommendations. In Korea, cigarette use is high among adult males (48.2% in 2010), and cigarette prices are the lowest among the Organization for Economic Cooperation and Development countries with no tax increases since 2004. Smoke-free policies have shown incremental progress since 1995, but smoking is still permitted in many indoor public places. More than 30% of non-smoking adults and adolescents are exposed to second-hand smoke. Public education on the harmful effects of tobacco is currently insufficient and the current policies have not been adequately evaluated. There is no comprehensive ban on tobacco advertising, promotion, or sponsorship in Korea. Cigarette packages have text health warnings on only 30% of the main packaging area, and misleading terms such as "mild" and "light" are permitted. There are nationwide smoking cessation clinics and a Quitline service, but cessation services are not covered by public insurance schemes and there are no national treatment guidelines. The sale of tobacco to minors is prohibited by law, but is poorly enforced. The socioeconomic inequality of smoking prevalence has widened, although the government considers inequality reduction to be a national goal. The tobacco control policies in Korea have faltered recently and priority should be given to the development of comprehensive tobacco control policies.